Carlsbad Municipal Code Art. III Property Maintenance

Every person has the duty to maintain real property under the person's control free from dirt, rocks, weeds, plant growth, waste, or other materials which are either dangerous or injurious to neighboring property or to the health or welfare of residents in the vicinity or which interfere with the use of public rights-of-way.

There continues to be a need for further emphasis on maintaining unobstructed rights-of-way, particularly as to plant growth. Unless corrective measures are taken to alleviate the existing conditions and to avoid future problems in this regard, the public health, safety, and general welfare and the property values and social and economic standards of this community will be depreciated.

The purpose and intent of this article is to establish standards to identify and enforce private property maintenance to the ensure plant growth, waste, and other materials do not present a public nuisance by obstructing public streets, sidewalks, or rights-of-way. This article is also intended to provide for procedures to administratively abate public nuisances caused by plant growth, waste, or other materials obstructing public streets, sidewalks, or rights-of-way.

This article is authorized by California Government Code Sections 39501 and 39502.

(Ord. CS-385 § 2, 2020)

For purposes of this article the following definitions apply:

"Liquid waste"

includes oil, other petroleum products, paint, chemicals, and hazardous waste or materials.

"Litter"

means small quantities of waste matter carried on or about the person including, but not limited to, beverage containers and closures, packaging wrappers, wastepaper, newspapers, magazines, or the contents of containers, closures, or wrappers.

"Littering"

means the act of discarding, dropping, scattering, or disposing of litter in a location or container which is not used for the proper disposal of waste.

"Parking strip"

means the portion of property between a public street and private property.

"Plant growth"

means any flora, vegetation, or herbage.

"Property"

means any real property, or improvements on real property, including that portion of any lot abutting a public street over which the city has an easement for right-of-way or utility service.

"Public property"

means any property interest owned by, or otherwise granted to, the City of Carlsbad.

"Rubbish"

means non-functional, non-usable, or abandoned material or matter. Rubbish includes ashes, paper, cardboard, tin cans, dirt, cut brush, yard and garden clippings or trimmings, wood, glass, bedding, cloth, clothing, crockery, plastic, rubber by-products, litter, machinery, vehicle parts, junk, and other similar items.

"Solid waste"

means rubbish, broken concrete or asphalt, piles of rock, dirt, and other noncombustible materials and earth fill material not otherwise authorized by permit or ordinance for land development.

"Waste"

means material of any nature that constitutes rubbish, solid waste, liquid waste, or medical waste. Waste may include abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property. Waste does not include compost piles, composting, or recyclable material properly contained and disposed of in a timely fashion.

(Ord. CS-385 § 2, 2020)

The directors of community development or environmental management, and any other director or equivalent authority, authorized by the City Manager or designee (collectively, "directors") are authorized to administer and enforce the provisions of this article. The directors or their designated enforcement officers may exercise any enforcement powers as provided in Chapter 1.10 of this code.

(Ord. CS-385 § 2, 2020)

A. It is unlawful for any property owner or responsible party, as defined in Section 1.10.010, to place or maintain dirt, rocks, plant growth, waste, or other materials on or about adjacent sidewalks, parking strips, alleys, streets, or other public property in a manner that is either dangerous or injurious to neighboring property or the health, safety, or welfare of residents in the vicinity; or in a manner that unreasonably interferes with or unreasonably obstructs the use of public rights-of-way. Any violation of this section is a public nuisance and, as such, may be abated or enjoined from further existence or operation within the city, pursuant to the procedures set forth in Article I of this chapter, except as set forth in subsections B and C of this section.

B. The director may require a property owner or responsible party to erect fences, barriers, berms, or other suitable means to discourage access to the property for littering or illegal dumping. This may include the posting of signs that prohibit littering and illegal dumping.

C. The director may authorize the collection or abatement of waste from small business enterprises that abut public property under the following circumstances:

1. At the request of the affected property owner, if the director determines that reasonable efforts were made to comply with subsection A or B listed above; or

2. When public health or safety requires such measures.

D. The director is authorized to assess costs against affected property owners for the abatement services performed by the city or its agents pursuant to Article I of this chapter. The director's cost assessment report may be challenged pursuant to the procedures in Article I of this chapter.

(Ord. CS-385 § 2, 2020)

Violations of this article may be chargeable as an infraction. The directors may also seek injunctive relief or civil penalties in the Superior Court, or pursue any administrative penalties under Chapter 1.10 of this code.

(Ord. CS-385 § 2, 2020)

Any abatement action allowed by this article shall follow the procedures set forth in Article I of this chapter, except as provided in Section 6.16.290(B) and (C).

(Ord. CS-385 § 2, 2020)

The cost of removal and abatement of a property maintenance public nuisance may be assessed against the abutting or adjacent property owner and may become a lien as authorized in California Government Code Section 39502. Designated enforcement officers shall follow the procedures in Article I of this chapter for assessment, execution, and collection of the lien. Enforcement of the lien may include sale of the property.

(Ord. CS-385 § 2, 2020)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each and every section, subsection, sentence, clause, and phrase of the chapter not declared invalid or unconstitutional, without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional.

(Ord. CS-385 § 2, 2020)