Carson Municipal Code Part 1 General Provisions

This Chapter shall be known and may be cited as the Property Maintenance Ordinance.

(Ord. 96-1098 § 1)

For purposes of this Chapter, "Director" shall mean the Director of Public Safety of the City of Carson or the designee thereof.

"Beneficiary"

means a lender under a promissory note to pay money secured by a deed of trust on property. The word "beneficiary" as used in this Chapter means and includes any assignee or successor to such beneficiary, whether such assignee or successor acquires its interest in the beneficiary's promissory note either before a note of default is recorded. In the event that a property may provide security for the loan or obligation of more than one (1) beneficiary, the beneficiary who causes its notice of default to be recorded shall be responsible for registering the property as set forth in this Chapter.

(Ord. 96-1098 § 1; Ord. 13-1510 § 4)

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

(a) Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial construction for an extended period of time (see also CMC § 4124);

(b) Doorways, windows, or other openings leading into vacant structures which have not been secured by such means as will protect against entry;

(c) Paint deterioration upon any buildings causing dry rot, warping or a lack of weather protection (see also CMC § 4124);

(d) Any area, whether in a natural state or as a result of grading operations, excavation or fill, which causes erosion, subsidence, surface water damage problems or dust to the magnitude to be potentially injurious to public health and safety or welfare of adjacent properties;

(e) Garages converted without building permits which are being utilized as living quarters;

(f) Vacant lots which are not fenced by such means as will protect against entry;

(g) Vacant lots which are not posted with at least two (2) signs designating "No Trespassing" and "No Posting of Signs";

(h) Wrecked, disabled or abandoned motor vehicles, motors, equipment, automotive parts or accessories which are visible from the public right-of-way (see also CMC § 4513);

(i) Vehicles, trailers, recreational vehicles or boats kept or stored in yard areas, other than on legally paved driveways, which are visible from the public right-of-way;

(j) Rubbish, cans, bottles, or other waste matter of any type upon any alley, sidewalk or vacant lot within the City (see also CMC § 4124);

(k) Attractive nuisances dangerous to children, including but not limited to: abandoned and/or broken equipment and appliances; unprotected and/or hazardous pools, ponds and excavations; and neglected machinery;

(l) Broken or discarded furniture, household equipment or appliances on the premises for unreasonable periods and visible from the public right-of-way (see also CMC § 4124);

(m) Boxes, lumber, trash, rubbish, or other debris either inside or outside a building and visible from the public right-of-way for extended periods (see also CMC § 4124);

(n) Accumulation of rubbish, litter or debris in vestibules, doorways, or on the adjoining sidewalk(s) of commercial or industrial buildings (see also CMC § 4124);

(o) Trash, garbage or recycling containers stored in front or side yards and visible from the public right-of-way, except when placed in areas of collection at the time permitted (see also CMC § 4124);

(p) Lack of adequate landscaping or ground cover sufficient to prevent blowing dust and erosion;

(q) Any device, decoration, design, graffiti, fence, structure, clothesline, or vegetation which is unsightly by reason of its condition or its inappropriate location (see also CMC § 4124);

(r) Outside storage of building materials, machinery, or other material or equipment used in a business on any lot in any residential zone, except during associated or related construction on the lot (see also CMC § 4124);

(s) Signs and/or sign structures, other than lawfully erected outdoor advertising signs, maintained on vacant premises, which advertise, promote or refer to a business, profession, product or service which is not conducted or offered at the premises (see also CMC § 9167.3);

(t) Maintenance of any structure in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches, broken steps or other such deterioration or disrepair not otherwise constituting a violation, and which is visible from the public right-of-way (see also CMC § 4124);

(u) Substantial lack of maintenance of grounds on which structures exist, where the grounds are visible from a public right-of-way, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties (see also CMC § 4124).

(v) Maintenance of Property.

A. Properties which are abandoned or vacant shall be, in comparison to the neighborhood standard, maintained by the beneficiary and kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by Federal, State or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. The beneficiary shall maintain such property free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. In general, the maintenance of abandoned or vacant property by the beneficiary shall comply with the standards set forth in Section 7.040 and HUD Mortgagee Letter 2007-03, dated January 25, 2007, or such other standard as may hereafter be ordered in writing addressed to the beneficiary by the Chief Building Official. Adherence to the maintenance and monitoring standard set forth in this Section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property.

B. Each property which is acquired by a beneficiary following the recordation of a notice of default, whether acquired by such beneficiary by foreclosure, deed in lieu of foreclosure or judgment of foreclosure, shall be maintained by the beneficiary so as not to constitute a public nuisance under this Chapter and other applicable laws, for so long a period of time as the beneficiary may own such property.

(w) Any condition that results in a violation of the City's Health Code, as detailed in CMC § 5100.

(x) Any condition of a building that qualifies the building as a "substandard building" as defined in California Health and Safety Code Section 17920.3.

(Ord. 21-2116 § 2; Ord. 96-1098 § 1; Ord. 13-1510 § 6)

All property maintained in violation of CMC § 5702 is hereby declared to be a public nuisance and shall be abated by rehabilitation, demolition, removal or repair pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive, and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner as provided by law.

(Ord. 96-1098 § 1)

Notwithstanding any other remedy provided by this Chapter, any violation of the provisions of CMC § 5702 is declared to be a misdemeanor punishable in accordance with the provisions of Chapter 2 of Article 1 of this Code and the penalties provided therein. Any person who is found guilty of an infraction under this Chapter shall be guilty of a separate offense for each day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such a person and shall be punishable accordingly.

(Ord. 96-1098 § 1)