Chowchilla Municipal Code Ch. 8.02 Property Maintenance

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. Back Yard. "Back yard" means that portion of property between the building closest to the front property line and the back property line.

B. Building. "Building" means any house, garage, duplex, apartment, condominium, stock cooperative and other residential and nonresidential structures.

C. City. "City" shall mean the city of Chowchilla.

D. City Administrator. "City administrator" means the city administrator of the city or his designees.

E. Front Yard. "Front yard" means that portion of property between the street and the building closest to the street. In the case of a corner lot, "street" means the address street for the property in question.

F. Owner. "Owner" means any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant or other person having control or possession of the property.

G. Person. "Person" means any individual, partnership, corporation, association or other organization, however formed.

H. Property.

1. "Property" means:

a. All nonresidential zoned real property and any building or buildings located on such property (herein "nonresidential property"); and

b. All residential zoned real property and any building or buildings located on such property (herein "residential property").

2. For purposes of this chapter, "property" shall be considered unfenced unless the structure or device forming the physical barrier meets the definition set forth in Section 18.06.936 of this code.

I. Side Yard. "Side yard" means that portion of property between a building and the side property line.

(Ord. 364-89 § 1 (part), 1988)

It is unlawful for any owner of any residential property in the city to maintain, or to allow to be maintained, such residential property in such manner that it is injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire hazard, which includes, but is not limited to, any of the following conditions if found to exist thereon, except as may be allowed by any other provision of law, including provisions of city ordinances:

A. The accumulation of dirt, litter or debris;

B. Buildings which are abandoned, boarded up, partially destroyed, or partially constructed or are uncompleted (not approved for occupancy) and applicable building permits have expired;

C. Broken windows, doors, attic vents and underfloor vents;

D. Improperly maintained landscaping in open view to the public from city streets, alleys, and rights-of-way.

Such improperly maintained landscaping includes, but is not limited to, hazardous trees and other vegetation unsightly in appearance or dangerous to public health, safety, and welfare;

E. Overgrown vegetation which is unsightly in appearance and likely to harbor rats or vermin;

F. Dead, decayed or diseased trees, weeds and other vegetation;

G. Lumber, junk, trash, debris or salvage materials maintained upon any premises in open view to any person in normal use of an adjacent public alley, public street or adjoining property;

H. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other household fixtures or equipment stored so as to be visible to a person under the same circumstances as subsection G of this section;

I. Abandoned, wrecked, dismantled or inoperative trailers, campers, boats and other motor vehicles which are accumulated or stored in yard areas;

J. Building exteriors, walls, fences, driveways or walkways which are cracked, broken, defective, deteriorated, in disrepair or defaced due to any writing, inscription, figure, scratches or other markings commonly referred to as "graffiti";

K. Attractive nuisances dangerous to children including, but not limited to, abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations;

L. Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair;

M. Any condition or activity that violates any provision of this code or any state or federal law.

(Ord. 364-89 § 1 (part), 1989)

(Ord. No. 483-17, § 4, 6-27-2017)

It is unlawful for any owner of any nonresidential property in the city to maintain, or to allow to be maintained, such nonresidential property in such manner that it is injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire hazard, which includes, but is not limited to, any of the following conditions if found to exist thereon except as may be allowed by any other provision of law, including provisions of city ordinances:

A. The accumulation of dirt, litter or debris;

B. Buildings which are abandoned, boarded up, partially destroyed or partially constructed or are uncompleted building and applicable building permits have expired;

C. Broken windows, doors, attic vents and underfloor vents;

D. Improperly maintained landscaping in open view to the public from city streets, alleys, and rights-of-way. Such improperly maintained landscaping includes, but is not limited to, hazardous trees and other vegetation unsightly in appearance or dangerous to public health, safety and welfare;

E. Overgrown vegetation which is unsightly in appearance and likely to harbor rats or vermin;

F. Dead, decayed or diseased trees, weeds and other vegetation;

G. Lumber, junk, trash, debris or salvage materials maintained upon any premises in open view to any person in normal use of an adjacent public alley, public street or adjoining property;

H. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other household fixtures or equipment stored so as to be visible to a person under the same circumstances as subsection G of this section;

I. Abandoned, wrecked, dismantled or inoperative trailers, campers, boats and other motor vehicles which are accumulated or stored in yard areas;

J. Building exteriors, walls, fences, driveways or walkways which are cracked, broken, defective, deteriorated, in disrepair or defaced due to any writing, inscription, figure, scratches or other markings commonly referred to as "graffiti";

K. Attractive nuisances dangerous to children including, but not limited to, abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations;

L. Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair;

M. Any condition or activity that violates any provision of this code or any state or federal law.

(Ord. 364-89 § 1 (part), 1989)

(Ord. No. 483-17, § 5, 6-27-2017)

A. It is unlawful for any owner to fail, refuse or neglect to keep the sidewalk in front of such owner's house, place of business or premises in a clean condition.

B. It is unlawful for any owner of any property in the city to maintain upon such premises any unsightly, partly completed or partly destroyed buildings, structures or improvements in the city which endanger or injure neighboring properties or the public health, safety or general welfare.

C. It is unlawful for any owner of any lot, parcel, tract or piece of land, improved or unimproved, located in the city to maintain upon such premises or upon the sidewalk abutting or adjoining such lot, parcel, tract or piece of land, all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete rubbish, refuse and waste material of any kind or other unsanitary substance, object or condition which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property lands or lots or which may obstruct such sidewalks and thereby endanger or injure persons traveling thereon.

(Ord. 364-89 § 1 (part), 1989)

It shall be the duty of the owner of any lot, parcel, tract, or piece of land, improved or unimproved, in the city to keep such lot, parcel, tract, or piece of land free from all earth, soil, grass, weed, dead trees, tin cans, rubbish, refuse and waste material of all kinds, or other unsanitary substances or objects which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property.

(Ord. 364-89 § 1 (part), 1989)

A. Director. "Director," as used in this section, refers to the director of public works when the procedures in this section apply to a violation involving the existence of unlawful conditions in the public right-of-way. In all other situations, the term "director" means either the city administrator, the city's designated building official or the city's director of planning and development.

B. Notice of Abatement. Whenever the director finds that any condition(s) prohibited in this chapter exist on any property located within the city, the director shall give, or cause to be given, notice to abate the unlawful condition(s) existing on the property. Such notice shall be in writing and shall detail the existing condition(s) which constitute a violation of this code. This notice shall be in substantially the following form:

NOTICE OF ABATEMENT

TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED:

YOUR ATTENTION IS HEREBY CALLED to the provisions of Sections ___________ through ___________ of the Municipal Code of the City of Chowchilla, California, on file in the office of the City Clerk in the City Hall.

Pursuant to the provisions of said Sections, you are hereby notified that (description of unlawful conditions) _____

_____

_____

___________.

Such action(s) must be completed within thirty (30) days from the date of this notice and thereafter you must maintain the said premises free of any of the unlawful conditions described above.

In the event you shall fail to either commence or complete such work within the time herein above mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefore will be a lien upon the said premises and/or upon the lot or parcel of land adjoining and abutting the sidewalk in the event that the sidewalk is to be cleaned.

The said building, structure, improvement or property is situated in the City of Chowchilla, Madera County, California, on premises described as Assessor's Parcel No. ___________.

Address: ___________.

RIGHT TO APPEAL

YOU HAVE THE RIGHT TO APPEAL FROM THE REQUIREMENTS OF THIS NOTICE BY FILING A WRITTEN APPEAL WITH THE CITY CLERK IN ACCORDANCE WITH SECTION 8.02.070D. OF THE MUNICIPAL CODE WITHIN 10 DAYS AFTER THE DATE OF POSTING, PUBLISHING, SERVING OR MAILING OF THIS NOTICE OF ABATEMENT, WHICHEVER IS LATER.

Dated at Chowchilla, California this ___________ day of _______, _______.

C. Such notice shall be given by delivering the same personally to the owner, agent of the owner, lessee, occupant, or by depositing it in the United States mail at Chowchilla, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant or person in possession of the lot, piece or parcel of land therein described at his last known address, and if no address is known or made known to the director, then to general delivery, Chowchilla, California, and there shall be a copy of such notice posted in a conspicuous place upon the building, structure, or improvement. In the absence of fraud, no error or mistake in the sending of the notices, or any of them, and no failure on the part of any property owner to receive the same shall in any way affect the validity of the proceedings, but the person mailing or posting, and such affidavit shall be conclusive evidence that the notices have been mailed or posted as required.

D. Notice to Abate Violation—Appeal. Within ten days after the date of posting, publishing, serving or mailing of a notice, whichever shall be the last, the owner, agent of the owner, lessee, occupant or person in possession of the premises who may have been served with a notice or any person interested in the property, land or lots, building, structure or improvement affected by such notice may appeal to the council on the requirements of such notice. The failure to appeal shall constitute a waiver of the right to a hearing on the director's determination. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the city clerk, and shall be presented to the council by the clerk at its next regular meeting. The council shall thereupon proceed to hear and pass upon the appeal, if any, and its decision thereon shall be final and conclusive. The council shall thereupon determine by resolution whether the director shall proceed in accordance with the notice as given or as modified by the council, or not at all, and its decision thereon shall be final and conclusive.

(Ord. 364-89 § 1 (part), 1989)

If the owner, agent of the owner, lessee, occupant or person in possession of the premises who may have been served with a notice fails to appeal the notice or to take such action as required by the notice within the time therein provided, or as extended by the council, and in accordance with the provisions of this section, it shall be the duty of the director to take such action as specified in the notice necessary to abate the unlawful conditions existing on the premises, including razing, demolishing, removing, reconstructing, or taking other affirmative action as necessary to abate the unlawful conditions.

(Ord. 364-89 § 1 (part), 1989)

(Ord. No. 483-17, § 6, 6-27-2017)

Editor's note— Ord. No. 483-17, § 7, adopted June 27, 2017, repealed former § 8.02.090 which pertained to notice of equalization of assessment, and derived from Ord. No. 364-89, § 1, adopted in 1989.

Any property found to be maintained in violation of Sections 8.02.020 or 8.02.030 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth in this chapter. The procedures for abatement set forth in this chapter shall be cumulative and shall not in any manner limit or restrict the city from enforcing this and other city ordinances in any other manner provided by law.

(Ord. 364-89 § 1 (part), 1989)

The city shall be entitled to recover any fees, costs, fines, or penalties, without limitation, incurred by the city with respect to any action taken pursuant to this chapter as provided by Chapter 1.20 of this code or as otherwise authorized by law.

(Ord. 364-89 § 1 (part), 1989)

(Ord. No. 483-17, § 8, 6-27-2017)

Nothing in this chapter shall be deemed to prevent the city from commencing any administrative, civil, criminal, or any other action authorized by law to abate a nuisance.

(Ord. 364-89 § 1 (part), 1989)

(Ord. No. 483-17, § 9, 6-27-2017)

A. Any person, firm or corporation violating or causing or permitting to be violated any of the provisions of this chapter shall be deemed guilty of an infraction.

B. Any person, firm or corporation convicted of an infraction under the provisions of this chapter shall be punishable as provided in Government Code Section 36900. Any violation beyond the third conviction within a one-year period may be charged by the district attorney as a misdemeanor, and the penalty for conviction of the same shall be subject to a fine or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19.

C. Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

(Ord. 364-89 § 1 (part), 1989)

(Ord. No. 483-17, § 10, 6-27-2017)