Chino Municipal Code Ch. 8.50 Maintenance of Real Property

The city council has determined that the quality of life in Chino is directly linked to the character and condition of its agriculture, commercial, industrial and residential neighborhoods. It is the purpose of this chapter to provide maintenance standards which shall serve to enhance the value of land and development within the city, and protect the appearance, integrity and character of the community, and secure the public's health, safety and welfare.

It is the expressed purpose of this chapter to declare that property owners shall be responsible for maintaining all structures, landscaping, accessory structures, paved areas, appurtenances, fences and personal property situated on lots and premises in the city in a manner required to protect the health and safety of users, occupants and the general public. This responsibility cannot be contracted, transferred, assigned, or conferred to another person or organization. The property shall be deemed substandard in maintenance if it violates any portion of this chapter or any other applicable section of this municipal code.

(Ord. 95-3 § 1 (part), 1995.)

(Ord. 2008-19 § 1, 2008.)

This chapter is not the exclusive regulation of property maintenance for the city. It shall be supplemental and in addition to and not supersede other regulations contained within the Chino Municipal Code and other statutes and ordinances heretofore or hereinafter enacted by the city, State of California, or any other legal entity or agency having legal jurisdiction, including, but not limited to such regulations as contained in the Uniform Housing Code, Uniform Building Code, San Bernardino County Environmental Health Code, Chino Zoning Ordinance, Chino Sign Ordinance, and plans and permits approved by the city (i.e., Specific Plan, special conditional use permit, site approval, sign permit, business license, etc.).

(Ord. 95-3 § 1 (part), 1995.)

For the purpose of carrying out the intent of this chapter, the terminology used shall be in conformance with the definitions found in Title 20 (Chino Zoning Ordinance), Title 8 (Health and Safety Ordinance) and Title 15 (Building and Construction Ordinance) of this code as follows:

A. "Accessory structure" means any building, part of a building, structure or edifice, which is secondary or subordinate to the main building, whose use is incidental to, and is used for the benefit of, the main building on the property. This includes, but is not limited to, detached garages, recreation rooms, carports, storage sheds, patios and workshops.

B. "Adjacent properties" means those lands, areas or lots lying contiguous, or abutting a given property.

C. "Character of neighborhood" means the distinctive traits, qualities, or attributes which are consistent throughout the immediate, adjoining or surrounding vicinity, zone, or specific plan area.

D. "Commercial vehicle" shall have the same meaning as in section 10.30.010 of this code.

E. "Commercial equipment" means any item, appurtenance, or device that normally is used as part of a business or commercial enterprise, including, but not limited to, the following: concrete mixer, air compressor, sandblaster, generator, wood chipper, forklift, trailer welder, etc.;

F. "Garbage" means all kitchen and table food waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.

G. "Inoperable vehicle" means a vehicle that is either abandoned, partially or fully dismantled, unregistered, unlicensed, nonfunctional (incapable of movement under its own power), or is incapable of operating safely and legally upon any highway, roadway, public street or waterway. For the purposes of this definition, "abandoned" shall mean a vehicle that is left on a street, highway, or on public or private property, in such a neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded.

1. In reaching a reasonable conclusion, one must consider the amount of time the vehicle has been there without being moved, its condition, statements from the owner and witnesses, etc.

2. In reference to highways or public rights-of-way, "abandonment" is presumed to have occurred if a vehicle is parked, resting, or otherwise immobilized on any highway or public right-of-way; and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment that is necessary to operate the vehicle legally and safely on the highways and streets of this state. Such vehicles are presumed to be a hazard to public health, safety, and welfare, and may be removed immediately upon discovery by a peace officer or other designated employee of the city.

H. "Irrigation" includes the system or methods by which the landscaped areas are to be supplied with water in order to maintain healthy plant life.

I. "Motor vehicle" means any vehicle, such as but not limited to, passenger cars, vans, trucks, motorcycles, recreational vehicles or buses, that is self-propelled and is capable of legally moving upon streets or highways.

J. "Nuisance waste" means anything which is injurious to human health or is offensive to the senses and interferes with the comfortable enjoyment of life or property, which occurs as a result of the storage, removal or transporting of refuse.

K. "Offending property" means that real property which is in violation of the provisions of this chapter.

L. "Overgrown" means to be overspread with vegetative growth so as:

1. To be grown excessively beyond the normal size of scale of the property. In this regard, "excessive" shall mean going beyond a normal, generally accepted limit dictated by reason as established by the character of a neighborhood.

2. To have an excessive intrusion of grass or weeds in existing flower, shrub or decorative planting beds.

3. To have grass or weeds higher than eight inches, as measured from the ground.

4. To have an excessive intrusion of weeds into turf areas.

M. "Plainly visible" means anything that is perceptible, discernible, clear, distinct, evident, open, or conspicuous from any public street or alley.

N. "Polluted water" means water contained in a swimming pool, pond, or other body of water, which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature, amount or location constitutes an unhealthy, unsafe or unsightly condition.

O. "Public view" means that an object, item, or condition is visible from any of the following:

1. A public street, sidewalk or alley; or

2. The yard of any adjoining property, when the object, item, or condition can be seen without the aid of a ladder or other such apparatus.

P. "Refuse" means garbage and rubbish.

Q. "Rooftop appurtenances" means items of structures including, but not limited to, penthouses, elevators, stairways, tanks, ventilating fans, equipment, machinery, fire or parapet walls, skylights, towers, flagpoles, chimneys, water tanks, wireless masts, or roof structures, attached or belonging to, or as an accessory of the roof.

R. "Rubbish" means solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter.

S. "Substantially dissimilar" means a distinguishing trait, feature, appearance, or quality that is different, unlike, not consistent with, or atypical of the overall design or appearance of the property, as compared with surrounding property.

T. "Surrounding property" means those properties situated on the same street as the offending property or which have one or more of their property lines located within six hundred lineal feet of a property line of the offending property.

U. "Vehicle" means any device, such as but not limited to, passenger cars, vans, trucks, motorcycles, trailers, carts, campers, boats, recreational vehicles, buses, tractors, backhoes, or other auxiliary vehicles or farm implements, or parts thereof, capable of moving or being drawn upon streets or waterways.

V. "Waste" means unused or discarded matter and material having no substantial market value, and which consists of such matter and material as: rubbish, debris and matter of any kind, including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soils, building materials, crates, cartons, containers, boxes, appliances or machinery or parts thereof, scrap metal and other pieces of metal (ferrous or nonferrous), furniture, inoperable vehicles and/or parts thereof, trimmings from plants, and trees, cans, bottles and barrels, and items which are offensively odorous.

(Ord. 2004-05 § 17, 2004: Ord. 95-3 § 1 (part), 1995.)

It is declared a nuisance for any person, entity or association owning, leasing, occupying or having charge of any agricultural, commercial, industrial, or residential lot, premises or structure in the city to cause, allow, or maintain such in any one or more of the following conditions:

A. Property maintenance—Nuisances.

1. Overgrown vegetation, including trees, wood, shrubbery, groundcover, lawns, or decorative plantings that harbor rats, rodents, or vermin, or are likely to harbor rats, rodents, or vermin, or are substantially dissimilar to the condition of landscape on surrounding properties.

2. Dead, decayed or diseased trees, shrubs, turf or other vegetation.

3. Any yard that is in public view, in which the lack of landscaping, irrigation or maintenance results in the exposure of an area greater than six square feet of bare dirt or is substantially dissimilar to the condition of landscape on surrounding properties. This requirement does not apply to that portion of a lot which is under cultivation of a crop or orchard, or which is landscaped with shrubs or ornamental plant material.

4. The covering of the required landscape area in any yard in public view, with unnatural or synthetic materials whose general use is not intended for use as outdoor landscape material, such as but not limited to, carpet, plastic sheeting, or paper products.

5. Storage of landscape debris in any yard in public view, for a period of time exceeding seven calendar days unless screened from view by a five-foot-high wall or opaque fence.

6. Refuse, rubbish, or nuisance waste due to any construction activity that accumulates in any yard for a period exceeding seven calendar days, unless it is screened from public view by a five-foot-high wall or opaque fence.

7. Storage of construction equipment, machinery, or building materials in any yard for a period of time exceeding seven calendar days, unless they are screened from view by a five-foot-high wall or opaque fence.

a. If building materials are kept for a period of time greater than seven days on any property, they shall be kept out of public view, and stacked in an orderly manner at least six inches off the ground so as to reduce the likelihood of attracting rats, rodents or vermin.

8. Any gardening items and related equipment stored in the front yard or in a side yard or back yard abutting a street for a period in excess of seven calendar days, unless they are screened by a five-foot-high wall or opaque fence.

9. Refuse, trash, debris or waste visible from public view or neighboring properties.

B. Main buildings and accessory structures—Nuisances.

1. Any portion of a building that is unpainted or untreated so as to expose raw building material to the elements or which is visible from any public right-of-way, street or alley.

2. Any portion of a building which has damaged woodwork or wall coverings including, but not limited to, unpainted surfaces, chipped or peeling paint, damaged brickwork, stonework, stucco, or wood, such that the affected area is in excess of the following:

a. Ten percent of total exposed material used for trim, fascia, rafters, or rain gutters.

b. Five percent of wall surfaces as measured along any single plane of the building.

3. Additions, alterations or modifications to the structure, roof, or fences and walls which are not compatible with the existing structure or features such as doors, windows, screens, roofs, rooftop appurtenances, fences, walls, or architectural treatment, not consistent with existing construction, or is substantially dissimilar to surrounding property.

4. Any roof, or portions thereof, that is damaged, dilapidated, or inadequately or improperly maintained such that it is structurally unsafe, or allows penetration of water to the sub-structural elements such as sheathing, roofing felt, rafters, or ceiling, or exposes sub-structural elements to view, or is missing roof material, or is substantially dissimilar to surrounding properties.

5. Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance.

6. Garage doors that are missing, broken, sag or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance.

C. Supplemental elements—Nuisances.

1. Driveways and walkways that are in such a state that weeds are overgrown through the cracks.

2. Fences or walls that are not structurally intact, or that are damaged, dilapidated, or in nonconformance with specific provisions mentioned elsewhere in the zoning ordinance or approved development plans.

3. Freestanding mailboxes that are not maintained in good repair or are not structurally intact.

4. Excessive individual ornamentation or architectural elements not in keeping with the overall character of a neighborhood.

5. Portions of any lot or premises used in such a manner or neglected to an extent, which subjects adjacent properties or lots to any of the following in a substantial way intense visible light, vibrations; excessive sound; electro-mechanical or electromagnetic disturbance; radiation; air or water pollution; dust or emissions of odorous, toxic, or noxious matter; or unsightly refuse or waste.

6. Attractive nuisances. Property or premises that are maintained in such a condition as to cause an immediate threat to the health, safety and welfare of the general public and specifically attractive to children. Such conditions include, but are not limited to the existence of, maintenance of, or the scattering of any of the following over the property or premises for any duration of time:

a. Hazardous pools, ponds, excavations and piles of dirt.

b. Polluted water.

c. Neglected, abandoned or unattended machinery or furniture.

d. Furniture or household equipment, including abandoned, discarded or unattended objects such as stoves, refrigerators, freezers, cans, containers or packing boxes.

e. Graffiti (permitting or allowing any graffiti to remain on any building, wall, fence or structure for a duration longer than seventy-two hours).

f. Clotheslines in the front yard.

g. Unoccupied buildings or structures not secured and accessible to persons not authorized to use such structures and which pose a threat to the safety of the public.

h. Excessive amount of oil spillage in driveway.

7. Commercial equipment, as that term is defined in section 8.50.030, when maintained on any part of any residential property.

D. Vehicles—Nuisances.

1. Commercial vehicles (as that term is defined in section 10.30.020 of this Code) that are being stored, parked, garaged, or maintained in a residential zone, unless loading or unloading or qualifying under section 10.30.030F of this Code.

2. Vehicles and equipment parked or stored for any period of time on an unpaved surface. (Refer to Title 20 [Zoning] of this Code for additional vehicle parking and storage requirements). Areas for the movement, parking, loading, repair or storage of vehicles or equipment shall be paved with a continuous impervious material so as to provide an even, unbroken driving surface, and shall be striped as may be required by chapter 20.18 (Off-Street Parking and Loading) of this Code to assure proper parking alignment and circulation. These requirements shall not apply to areas beneath mobile homes or parked vehicles or equipment that are screened from view of the public street by a minimum five-foot-high wall or opaque fence.

3. On any residentially zoned property, it shall be unlawful to park or store in the required front yard or in a driveway for more than seventy-two hours any inoperable vehicle or any vehicle parts. No more than two inoperable vehicles may be stored in the side yard or rear yard, and only provided that the vehicle(s) is (are) screened from public view by a minimum five-foot-high wall or opaque fence.

4. All vehicles being stored or undergoing repairs, maintenance, or restoration must be registered to the property address and screened from public view by a minimum five-foot-high wall or opaque fence.

5. Exception. This chapter shall not apply to:

a. A vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

b. A vehicle or vehicle part that is stored or parked in a lawful and code-compliant manner on commercial or industrially zoned property.

E. Other nuisances. Any other violation of this code, adopted or uniform codes, or state or federal law enforceable by the city, or any condition of approval, regulation or order of the city shall constitute a public nuisance subject to abatement by any means available by law.

(Ord. 2004-05 § 18, 2004: Ord. 99-22 §§ 4, 5, 1999; Ord. 95-3 § 1 (part), 1995.)

(Ord. 2008-19 § 1, 2008; Ord. 2010-05, §§ 11, 12, 2010; Ord. 2014-012, § 5, 2014; Ord. 2021-005, § 5, 2021)

Any violation of any provision of this chapter is declared to be a public nuisance.

(Ord. 95-3 § 1 (part), 1995.)

It shall be and remain the duty of the owner or any person in control of any property within the city to prevent and abate public nuisances on such property.

(Ord. 95-3 § 1 (part), 1995.)

A. The director of community development, or the director's designee, is authorized to and shall investigate any public nuisance, the property on which it is located, the identity of the owner or person in control of such property, or the identity of the person or entity, or agent thereof, and cause such nuisance to be abated.

B. The director of community development, or the director's designee, shall prepare a report containing the information obtained by the investigation required by Subsection A. of this section.

C. The work of abatement of public nuisances in the public right-of-way may be done by city forces or by private contractors. The costs of abatement shall be borne by the person who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance in the public right-of-way.

(Ord. 95-3 § 1 (part), 1995.)

Any person who permits, allows, creates, maintains, or authorizes the creation or maintenance of any public nuisance shall be allowed ten calendar days from the date of written notice to abate said public nuisance. Such notice shall be given by the director of community development, or the director's designee, and shall be in substantially the following form:

NOTICE AND DEMAND FOR ABATEMENT

Please take notice that the city of Chino requires you to abate the public nuisance located at . If you fail to remove said public nuisance within ten calendar days from the date of this notice, the city of Chino shall proceed to abate and remove said public nuisance and shall require you to pay the costs of said abatement. The City may cause such costs to become liens and special assessment against your property, and will recover from you the costs for recording and collecting same.

You have ten days from the date of this notice to appeal this demand to the Director of Community Development. Failure to appeal within ten days constitutes a waiver of your right to appeal.

This notice is given without prejudice to any other right or remedy which the City may have by reason of the illegal maintenance of any public nuisance.

(Ord. 95-3 § 1 (part), 1995.)

The notice required by this chapter may be served in any of each of the following manners:

A. By personal service:

1. On the owner or person in charge or control of the property where the public nuisance is located; or

2. On the person, or agent who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance.

B. By certified mail:

1. Addressed to the owner or person in charge or control of the property where the public nuisance is located, at the address shown on the last available assessment roll or as otherwise known; or

2. Addressed to the known place of business, residence, or dwelling of the person, or agent who permitted, allowed, created, maintained, or authorized the creation or maintenance of the public nuisance.

C. By posting at a conspicuous place on the property where the public nuisance is located or abutting public right-of-way for a period of ten days and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city.

(Ord. 95-3 § 1 (part), 1995.)

A. Within ten calendar days from the date of the notice of violation, any party who received the notice may file a written appeal to the director of community development. In such appeal, the party must show cause why the alleged violation is not a public nuisance. The director of community development, or the director's designee, shall set a hearing on the appeal not more than ten calendar days from receipt of the written appeal.

B. The director of community development, or the director's designee, shall notify the party of the date of hearing pursuant to section 8.50.090, conduct the appeal, and rule on the appeal. The decision of the director of community development on the appeal shall be final and conclusive.

C. The failure to file an appeal within said ten days constitutes a waiver of the right to appeal.

D. If the director of community development, or the director's designee, denies the appeal, the director of community development may then abate any condition found to be illegal at the appeal hearing.

E. For purposes of this section, the director's designee may be a committee formed to hear appeals regarding public nuisances under this Code.

(Ord. 95-3 § 1 (part), 1995.)

(A) After the abatement of any public nuisance created or maintained in violation of any provision of this Code, adopted codes, or provisions of State or Federal law that the City may enforce, the Director of Community Development, or the Director's designee, shall thereupon serve the person who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance a statement of costs of abatement. Service shall be made pursuant to section 8.50.090 hereof. The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the City and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed as provided in this chapter.

(B) "Costs of abatement" means any costs incurred by the City to abate a nuisance, whether the City causes abatement through civil, criminal, administrative or other action, in which case, the City shall be entitled to recover all costs of abatement, staff costs, and administrative costs incurred by the City. It is the intention of the City to provide for recovery of all costs of abatement to the maximum extent provided by law. The City may recover such costs of abatement by any means authorized by law.

(Ord. 95-3 § 1 (part), 1995.)

(Ord. 2013-009, 11-5-2013)

The director of community development or the director's designee is authorized to file an action in the name of the city in any court of competent jurisdiction to collect the debts owed the city pursuant to this chapter.

(Ord. 95-3 § 1 (part), 1995.)

A. In addition to the remedies available to the city under this chapter, the director of community development may make an assessment and place a lien for the costs of abatement on the property on which the public nuisance was located and submit the assessment to the city council for a resolution placing the costs of abatement on the San Bernardino County tax rolls for collection. The resolution of the city council shall conform with the County of San Bernardino Auditor/Controller-Recorder's policies and procedures for applying special assessments to the tax rolls.

B. A notice of the assessment shall be served on the owner of the property as provided in section 8.50.090 hereof. The notice shall state the amount of charges due and penalties imposed, if any, and shall state that the owner has fifteen days from the date of the notice to appeal the assessment in writing to the city council.

C. The owner of the affected property shall have fifteen days from the date of the notice of assessment to appeal the assessment in writing to the city council, after paying the fee for filing such appeal which fee will be determined by a resolution of the city council. The purpose of such fee is to partially defray the expense to the city for processing such appeal and conducting the hearing necessitated thereby. Failure to appeal within fifteen days shall constitute a waiver of the right to appeal. The city council shall hear the appeal at the first regular meeting that is at least fourteen calendar days after the date of filing of the appeal. Notice of the hearing date shall be served as provided in section 8.50.090 hereof. The city council shall consider the assessment at the time set for hearing, together with the written objections or protests by any interested party. Any interested party may present an oral protest of objection to the assessment at the time of the hearing. At the conclusion of the hearing, the city council shall either approve the assessment as submitted or as modified or corrected, and adopt a resolution pursuant to Subsection A. of this section. The decision of the city council shall be final.

D. If no appeal is filed, the director of community development shall submit the assessment to the city council for adoption of a resolution pursuant to Subsection A. of this section.

(Ord. 95-3 § 1 (part), 1995.)

In addition to the remedies available to the city under this chapter, the city may file an action in a court of competent jurisdiction to enjoin any violation of this chapter or to collect the costs of abating any public nuisance as defined in this chapter. In any such action, the city may collect its reasonable costs, including staff costs, abatement costs and other incidental costs incurred by the City.

(Ord. 95-3 § 1 (part), 1995.)

(Ord. 2014-012, § 5, 2014.)

A. Each day in which a violation of this chapter occurs or continues shall constitute a separate and distinct offense and a continuing nuisance. The remedies provided herein are intended to be cumulative and may be utilized in conjunction with or in lieu of other remedies.

B. Any person, entity or association that causes, allows or maintains a violation of this chapter shall be guilty of a misdemeanor subject to punishment pursuant to section 1.12.010 of this Code.

(Ord. 2004-05 § 19, 2004: Ord. 95-3 § 1 (part), 1995.)

(Ord. 2014-012, § 5, 2014.)

The director of community development, or the director's designee, may cause any public nuisance in the public right-of-way which creates an immediate peril to persons or property to be abated summarily and without notice and recover the costs of abatement thereof.

(Ord. 95-3 § 1 (part), 1995.)

The director of community development, or the director's designee, may grant an extension of time to voluntarily abate any public nuisance upon the showing of good cause, but in no case shall the extension be for more than sixty days without the authorization of the city council.

(Ord. 95-3 § 1 (part), 1995.)

The city council declares that should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of the ordinance codified in this chapter independent of the elimination of any such portion as may be declared invalid.

(Ord. 95-3 § 1 (part), 1995.)

Neither the adoption of the ordinance codified in this chapter, nor the repeal of any other ordinance of this city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this chapter, insofar as they are substantially the same as ordinance provisions previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

(Ord. 95-3 § 1 (part), 1995.)