Ceres Municipal Code Ch. 01 General Provisions

The City Council finds that the enforcement of this Code and applicable State laws throughout the City is an important public service. Code enforcement is vital to protection of the public's health, safety, and quality of life and to compliance with the City's general plan. The Council recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in administrative compliance hearings and judicial proceedings.

The Council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with Code regulations. Failure to comply with an administrative code enforcement action may result in judicial action to gain compliance.

The Council further finds that recovery of costs related to code enforcement from those who violate the Code is fiscally prudent and discourages repeat violations. The procedures established in this title shall be in addition to criminal, civil, or any other legal remedy established by law which may be pursued to address violations of this Code and applicable State codes.

(Ord. No. 2020-1056, § 3, 2-24-2020)

No person shall violate or fail to comply with the provisions of this Code. In accordance with Government Code section 38771, The failure to comply with the requirements of the Code is deemed a violation of the Code, constitutes a nuisance, and may be corrected by any means provided by law. Concealing, aiding, or abetting a violation of the Code is also a violation of the Code. Whenever any act or omission is made unlawful, it shall include causing, maintaining, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Ord. No. 2020-1056, § 3, 2-24-2020)

It is the intent of the City Council that any Municipal Code provision establishing performance standards or establishing an obligation to act by a City officer or employee, shall not be construed as creating a mandatory duty for purposes of tort liability, if the officers or employees fail to perform their directed duty or duties.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The City Manager, City Directors, Code Enforcement Officers, and their designated agents have the authority and powers necessary to determine whether a violation of the Code exists and the authority to enforce and gain compliance with the provisions of the City Code and applicable State law. These powers include, but are not limited to, the power to inspect public and private property, issue notices of violation and administrative citations, abate nuisances, and use any judicial and administrative remedies available under the Code or applicable State law. These powers include the discretion to utilize any remedy or remedies as authorized by law.

(Ord. No. 2020-1056, § 3, 2-24-2020)

This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of this City over which the City has jurisdiction or control by virtue of the Constitution, any law, or by reason of ownership or control of property.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continues, maintained, or permitted by such person and shall be punishable accordingly.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Notices issued pursuant to this title shall be served in the following manner, unless a different procedure is specifically stated to apply:

A. Personal service or certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail to the responsible person. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail.

B. Posting the notice conspicuously on or in front of the property.

C. Mailings to the property owner shall be sent to the address listed in the last equalized assessment roll of the Stanislaus County Assessor.

D. In the event the responsible person is someone other than the property owner, a copy of the notice shall also be mailed to the property owner.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Proof of notices served pursuant to this title shall may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

(Ord. No. 2020-1056, § 3, 2-24-2020)

For the purpose of this title, and except where otherwise expressly defined in another chapter or sections of this title, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this title, they shall be construed as their ordinary meaning within the context which they are used.

Abatement means any action the City may take to remove or alleviate a nuisance including, but not limited to, demolition, removal, repair, cleaning, boarding and securing or replacement of property.

Across includes along, in or upon.

Administrative enforcement order means an order issued by an Administrative Hearing Officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay administrative fines, civil penalties, administrative costs, authorize the City to abate a public nuisance, assess a code enforcement lien or take any other action as authorized or required by this Code and applicable State codes.

Assessment lien means a lien recorded with the Stanislaus County Recorder's Office for the purposes of collecting outstanding administrative citation fines, civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action. It shall also mean the same as a code enforcement lien.

Backyard means that portion of property between the back of the building and the rear property line.

Boarded building means a vacant building, some or all of whose doors and windows and other openings have been covered with plywood or other material for the purpose of preventing entry into the building.

Building means any structure having a roof supported by columns or walls used or intended to be used for commercial or residential purposes for the shelter or enclosure of persons, animals or property.

Code Enforcement Officer means the City Manager, a department director, building official, Police Chief, other City Directors, and authorized agents, who are authorized to enforce violations of the Municipal Code, uniform codes and applicable State codes within their department's jurisdiction.

Compliance date means the date requested for correction of the violation(s) prior to the imposition of any administrative fines or penalties.

Debris shall mean the same as junk.

Director shall include each of the directors of the following City departments: Community Development, Public Works, Finance, Police Department, Fire Department, Recreation Division and any of their designated agents or representatives within their jurisdiction.

Firewood means wood cut to fireplace length that has been neatly stacked.

Front yard means that portion of property between the street and a building, excluding any porch areas.

Garbage means putrescible animal, fish, fowl, fruit or vegetable refuse, or any portion thereof, resulting from the growing, preparation, processing, storage, handling, transporting or consumption of foods.

Goods includes wares and merchandise.

Graffiti means the unauthorized letters, words, symbols, figures and marks placed on buildings and objects on private property, public property or the public right-of-way by using paint or marking with ink, chalk, crayon, dye or other similar substances, or by cutting or scraping with any tool or instrument.

Hearing Officer means a Hearing Officer with whom the City has contracted to conduct hearings pursuant to this chapter. No Hearing Officer shall be compensated or evaluated, directly or indirectly, based upon the outcomes of any hearing.

Habitable means that a building, premises or property is suitable for occupancy per the standards set forth in the codes referenced in this chapter and/or those codes utilized by the City in the normal course of government operations.

Imminent health and safety hazard means any condition which creates a present and immediate danger to life, property, health or public safety.

Industrial waste means all liquid or solid waste substances, except sewage, from any production, manufacturing, processing or packaging operation.

Inoperative means any vehicle that:

1. Cannot be immediately started and driven under its own power on the streets and highways;

2. Is in an unsafe condition; or

3. Is in any other condition specified in the California Vehicle Code which prohibits its placement and/or movement on the public streets or highways. This includes any vehicles, including trailers or vessels, not currently registered for operation on the public streets, highways or waterways.

Junk means any cast-off, damaged, discarded, junked, salvaged, scrapped, worn-out or wrecked object, thing or material including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, cardboard, plastic or other synthetic substance, fiber, glass, plaster, plaster of pans, rubber, terra cotta, wool, cotton cloth, canvas, wood, metal, sand, organic matter (excluding compost not in public view) or other substance.

Lodging house means any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. For the purposes of this chapter a single-family dwelling unit may contain one or two guest rooms and not be classified as a lodging house; provided, such dwelling meets all of the following criteria:

1. The dwelling contains only one kitchen;

2. No food preparation appliances, including stoves, ovens, hotplates, refrigerators or sinks, are installed or located in the guest rooms;

3. Doors to guest rooms do not contain dead bolt locks and such doors only open into the interior of the dwelling unit;

4. The parcel on which the dwelling is located has only one address and one mailbox; and

5. All vehicles owned, operated or controlled by occupants of the dwelling and stored for any length of time on or in proximity of the parcel on which the dwelling is located have space available for and are capable of simultaneously legally parking on the parcel.

Notice and order means a document used in abatement actions and assessment of civil penalties involving code violations which provide notice of Municipal Code, Uniform Code or applicable State code violations and orders a responsible person to take certain steps to correct the violations within a definitive period of time. Civil penalties may also be imposed in conjunction with this notice.

Notice of compliance means a document issued by a Director which represents that a property has been brought into compliance with the criteria set forth under this Code.

Notice of satisfaction means a document or form which indicates that all outstanding civil penalties and costs have either been paid in full, or that the City has negotiated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outstanding debt.

Notice of violation means a written notice which informs a responsible person of code violations present on the subject property, lists the required compliance actions and contains specific information as required by the Municipal Code. This document may be recorded.

Oath includes affirmation.

Office means the use of the title of any officer, employee, office, or ordinance, and shall mean such officer, employee, office, or ordinance, of the City of Ceres.

Operate or engage in includes carry on, keep, conduct, maintain, or cause to be kept or maintained.

Owner means any person, his/her heirs, executors, administrators or assigns, agent, firm, partnership or corporation having or claiming any legal or equitable interest in the property in question as listed on the last available equalized tax assessment roll for Stanislaus County.

Person, unless it otherwise appears from the context as used, includes any person, firm, association, organization, partnership, business trust, company, corporation, public agency, school district, the State of California, its political subdivisions and/or instrumentalities thereof or any other entity which is recognized by law as the subject frights or duties.

Premises means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent street.

Property owner means the record owner of real property as listed on the last equalized assessment roll as maintained by the Stanislaus County Assessor.

Property means all residential, industrial, commercial, agricultural, open space and other real property, including but not limited to front yards, side yards, driveways, walkways, alleys and sidewalks, and shall include any building or other structure, whether fixed or movable, located on such property.

Public nuisance means any condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare which is injurious to the senses or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth under the California Civil Code, and includes those conditions specifically declared to be a nuisance by any provision of the Municipal Code.

Putrescible means a substance that is or is liable to become putrid or rotten.

Refuse and rubbish mean all putrescible and/or non-putrescible solid or liquid wastes, except sewage, whether combustible or noncombustible.

Responsible person means a person who a Code Enforcement Officer determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of the Municipal Code, Uniform Code or applicable State codes. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property.

Sale includes any sale, exchange, barter or offer for sale.

Sewage means effluent or waste matter which is required to be disposed of through or should pass through sewers and the wastewater treatment plant and is composed of human or animal feces, urine, toilet paper and any other such waste materials.

Shall is mandatory and may is permissive. However, the use of the word "shall" is not intended and shall not impose any mandatory duty to third parties by the City of Ceres, its commissions, boards, officers, agents or employees and is not intended and shall not impose any liability on the City of Ceres, its commissions, boards, officers, agents or employees.

Side yard shall mean the area between the side of the building and the side property line.

State is the State of California.

Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

Substandard properties means any property that is maintained with any of the conditions set out in section 14-402.1 of the Uniform Housing Code adopted by chapter 15.15 of this Code or Health and Safety Code section 17920.3.

Tenant or occupant applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

Visual blight means any unlawful condition or use of premises or of a building exterior which by reason of its appearance as viewed at ground level from the public right-of-way is detrimental to the surrounding area and the property of others, or is detrimental to the health, safety and welfare of individuals residing within the community.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.

(Ord. No. 2020-1056, § 3, 2-24-2020)