Bradbury Municipal Code Ch. 109 Property Maintenance Standards

The purpose of this chapter is to provide minimum standards by which the property within the City shall be maintained in order to protect the public health and welfare; safeguard life, health and property, and to preserve the character of the City.

(Ord. No. 297, § 9.06.060.010, 3-20-2007)

The property maintenance standards provided in this chapter are intended to apply to all property located in the various zoning districts within the City. The term "public right-of-way" as used herein, includes any private property within the confines of a Community Services District or Homeowners Association serving the same purpose as a public right-of-way.

(Ord. No. 297, § 9.06.060.020, 3-20-2007; Ord. No. 355, § 1, 5-15-2018)

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such manner that any of the following conditions are found to exist thereon:

(1) Unsafe buildings. Buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a fire hazard; or which are otherwise dangerous to human life; or which, in relation to existing use, constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Buildings or structures maintained in violation of the City's building code;

(2) Unsafe land. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties;

(3) Fire hazard. Premises maintained so as to constitute a fire hazard by reason of woods, rank overgrowth or accumulation of debris;

(4) Abandoned buildings. Buildings which are abandoned, boarded up, partially destroyed, or permitted to remain unreasonably in a state of partial construction;

(5) Unpainted buildings. Unpainted buildings or buildings with peeling or deteriorating paint allowing the effects of sun or water to penetrate so as to cause or permit dry rot, decay, cracking, warping or termite infestation;

(6) Hazardous windows. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

(7) Fences or walls. Fences or exterior walls which are unsafe or in a state of disrepair;

(8) Overgrown vegetation. Overgrown vegetation:

a. Likely to harbor rats, vermin or other nuisances; or

b. Causing detriment to neighboring properties or property values;

(9) Hazardous vegetation. Dead, decayed, diseased or hazardous trees, weeds and other vegetation:

a. Dangerous to public safety and welfare; or

b. Detrimental to nearby property or property values;

(10) Yard storage. Trailers, campers, boats, recreational vehicles, construction equipment or other mobile equipment stored or parked for more than five consecutive days, or more than ten days in any calendar year, in the yard areas abutting public or private streets;

(11) Motor vehicles. Motor vehicles stored in required yard areas abutting public or private streets and causing or likely to cause depreciation of nearby property values which vehicles are:

a. Inoperable;

b. Abandoned;

c. Wrecked;

d. Dismantled; or

e. Operable, but stored for unreasonable periods of time without being driven;

(12) Unpaved parking. Any vehicle or trailer parked on unpaved areas which are not designed as driveways;

(13) Attractive nuisance. Attractive nuisances dangerous to children in the form of;

a. Abandoned and broken equipment;

b. Hazardous pools, ponds and excavations; and

c. Neglected machinery;

(14) Discarded furniture. Broken or discarded furniture and household equipment in front yard areas or visible from the public right-of-way for unreasonable periods and causing damage or detriment to neighboring properties;

(15) Clotheslines. Clotheslines in front yard areas;

(16) Garbage containers. Garbage cans stored in front or side yards or visible from public or private streets, except when lawfully placed for collection at the times permitted therefor;

(17) Boxes and debris. Packing boxes and other debris stored in yards and visible from public or private streets for unreasonable periods, and causing detriment to neighboring properties;

(18) Neglected premises. Neglect of premises:

a. To spite neighbors;

b. To influence zone changes; or

c. To cause detrimental effect upon nearby property or property values;

(19) Public right-of-way. Conditions not comporting with safe, clean, orderly, or sanitary maintenance on or adjacent to any public right-of-way, such as:

a. Any dirt, litter, debris, rubbish, weed or any other kind of waste or unsanitary material of any kind;

b. Any curb cut or driveway approach, or portion thereof, which is no longer needed or which no longer provides vehicular access to the adjacent premises;

c. Any curb, sidewalk, parkway, or driveway which is cracked, broken, or otherwise in need of repair, replacement, or maintenance;

(20) Lack of maintenance. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code § 3480;

(21) Lack of ground covering. Maintenance of designated areas lacking one or more of the following ground coverings: properly maintained vegetative growth, hardscape, or fire-resistant bark or wood mulch.

a. Designated areas as used in this chapter shall mean and refer to areas visible from a public or private street that are:

1. Within ten feet of a building or residence; or

2. Larger than 225 square feet; and

3. With a linear dimension greater than six feet.

b. The ground covering requirement in Section 9.109.030(21) does not apply to the following areas:

1. Driveways, walkways, ADA access paths of travel, and architectural accessories;

2. Areas shaded by native oak or pine trees or naturally covered by mulch from such trees;

3. Equestrian training and stabling areas regularly used for that purpose;

4. Terrain with hillside slopes greater than 25 percent;

5. Orchards; and

6. Gardens in-between regular plantings.

c. The City shall develop and maintain a list of ground coverage suggestions and a collection of model ground coverage plans to assist residents and landowners in meeting the requirements of this chapter.

(22) Unsightly property. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

(23) Premises out of harmony. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties;

(24) Depreciated value effect. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

(25) Oversized vehicles. The parking of an oversized vehicle, for more than five consecutive days, or more than ten days in any calendar year, in the yard areas abutting public or private streets is prohibited; provided, however, that this provision shall not apply to the parking of a currently registered oversize vehicle in any area of the yard that the Planning Commission has determined to be appropriately located and designated for such activity. As used in this provision, the term "oversized vehicle" means a vehicle that exceeds either 20 feet in length, 80 inches in width, or 82 inches in height.

(26) Tents, tarps and canopies. Tents, tarps, canopies or other similar membrane structures on private property, visible from any public or private street, and in place for all or any portion of three days within any 30-day period, unless otherwise pursuant to a permit or other entitlement from the City. The City Manager may issue a permit to maintain such structure fora longer period in the event of expected or ongoing inclement weather justifying same.

(Ord. No. 297, § 9.06.060.030, 3-20-2007; Ord. No. 320, § 1, 7-19-2011; Ord. No. 351, § 1, 1-16-2018; Ord. No. 355, § 2, 5-15-2018; Ord. No. 364, § 1, 9-17-2019; Ord. No. 369, § 1, 2-18-2020; Ord. No. 374, § 8, 5-18-2021; Ord. No. 392, § 1, 9-17-2024)

State Law reference— List of conditions that endanger health, safety, and welfare of occupants so as to deem the structure a substandard building, Health and Safety Code § 17920.3.

(a) Designated areas as used in this chapter shall mean and refer to areas visible from a public or private street that are:

(1) Within ten feet of a building or residence; or

(2) Are larger than 225 square feet; and

(3) With no linear dimension less than six feet.

(b) The ground covering requirement in Section 9.109.030(21) does not apply to the following areas:

(1) Driveways, walkways, ADA access paths of travel, and architectural accessories;

(2) Areas shaded by native oak or pine trees or naturally covered by mulch from such trees;

(3) Equestrian training and stabling areas regularly used for that purpose;

(4) Terrain with hillside slopes in excess of 25 percent;

(5) Orchards;

(6) Gardens in between regular plantings.

(c) The City shall develop and maintain a list of ground coverage suggestions and a collection of model ground coverage plans to assist residents and landowners in meeting the requirement of this chapter.

(Ord. No. 369, § 2, 2-18-2020)

(a) Arranging for water and landscaping services. In the event the City Manager becomes aware that a residence is unoccupied and that water service to the property has been disconnected, the City Manager shall notify the property owner that the City will arrange for water and landscape maintenance services (hereinafter "services") to be provided to the property at the property owner's expense within seven days unless the property owner provides the City Manager with evidence prior to said date that the owner has made satisfactory arrangements for such services. If the City Manager institutes such services as the property owner's expense, the City Manager shall send a notice to the property owner so indicating and estimating the monthly cost of said services. The notice shall provide that the owner may appeal the City Manager's decision to the City Council.

(b) Termination of services. The property owner, at any time, may request a hearing before the City Manager to show that the owner has made arrangements for providing the services. The City Manager shall provide the owner with written notice of the City Manager's decision. If the City Manager finds that the owner has made satisfactory arrangements to provide such services, the City-supplied services shall be terminated.

(c) Appeal to City Council. The property owner may appeal to the City Council the City Manager's decision to impose services pursuant to subsection A of this Section or to continue such services pursuant to subsection B of this Section.

(d) If the City Council declares the property a public nuisance, the City may recover its costs pursuant to the provisions of Chapter 9.115 of this Code.

(Ord. No. 355, § 3, 5-15-2018)

All projects for which a valid City permit is required or has been issued shall adhere to the following maintenance standards:

(1) Construction materials, equipment, and portable facilities must be screened from public view.

(2) Construction fencing may be required on any construction site. It shall not be placed in the public or Community Services District right of way. Landscaping in front of the construction fencing shall be maintained in a manner consistent with landscaping in the immediate neighborhood. The fencing and any screening material shall be maintained in good condition. Opaque, dark green screening material is preferred. It shall be tightly secured to the fencing, free of holes and graffiti and without advertising and shall be promptly removed once construction is finished. Any graffiti shall be removed within 24 hours.

(3) Portable toilets shall be placed in the rear of the property with a minimum ten feet setback from side yard and rear yard property lines. If existing conditions prohibit access for the drop-off or the servicing of a portable toilet, the unit can be placed in the front yard provided the unit is placed no further than five feet from the front of the house and ten feet from any side property lines. The door opening shall not face either the street or an adjacent property and shall remain closed at all times. Portable toilets shall be screened from public view at all times. Portable toilets shall be serviced a minimum of twice a week. Exceptions to these requirements shall be reviewed and approved by the City Manager or designee.

(4) Roll-off containers shall be in good condition and appearance and emptied on a regular basis. Containers shall be placed on private property unless an encroachment permit is obtained from the City Manager or designee.

(5) All construction equipment, storage bins and portable toilets shall be kept free of graffiti.

(6) Construction materials, equipment, or debris shall not be placed on public property unless an encroachment permit has first been granted for such placement from the City Manager or designee. Conditions may be imposed on the permit, including, but not limited to, barricades, signage, or delineators, to ensure appropriate public safety, insurance and bonds.

(7) Any dirt or debris tracked onto streets and sidewalks shall be removed immediately. All trash and litter on the job site shall be removed from public view on a daily basis.

(8) Construction worker vehicles and equipment shall not block public streets or sidewalks without an approved traffic control plan.

(9) No person employed for the purposes of construction, maintenance, or repair work which requires a City permit shall enter a site on which such work will be done except during construction hours established in section 9.127.080 of this Title. The City Manager or designee may grant an exemption from this condition for good cause shown.

(10) Existing landscaping shall be maintained in good condition in areas visible from public view, and existing trees throughout property shall be maintained. The property owner or contractor shall be responsible for mowing, trimming, weeding and irrigating these areas as needed throughout the duration of the construction project.

(11) A waste management form/plan shall be submitted at plan check and project final whenever the scope of work includes a residential addition of 1,000 square feet or more, new construction of 1,000 square feet or more, a demolition project of 1,000 square feet or more, or a remodel improvement project of 3,000 square feet or more is proposed.

(12) A tree protection plan shall be submitted at plan check for all established trees where any construction activity is to take place within the drip line of the canopy.

(13) Erosion control measures are required to be installed on all projects during the rainy season (October-April) to prevent dirt, mud, and debris from flowing into the storm drain system.

(14) A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City during the plan check process for all projects which have the potential to disturb one or more acres of soil and for all projects which have the potential to disturb less than one acre but are part of a larger common plan of development that in total potentially disturbs one or more acres. Projects include soil excavation, soil grading or other construction activities where soil may be displaced during weather events or landscape water run-off.

(Ord. No. 358, § 1, 9-18-2018)