Citrus Heights Municipal Code Div. 1 Generally

This article shall be known, and may be cited and referred to, as the "Neighborhood Enhancement Code."

(Ord. No. 2002-04, § 2(16B.00.01), 5-8-2002)

The city council finds that the enforcement of this article and applicable state codes within the city is an important public service, critical to the protection of the public health, safety and general welfare. The city council further finds that a comprehensive code enforcement system that uses a combination of administrative and judicial remedies will substantially facilitate compliance with this article. Thus, the city council adopts this article to:

(1) Provide a comprehensive method for the identification and abatement of certain nuisances within the city and impose any costs of abatement against the owners of the offending properties as a personal obligation and/or as a lien against real property.

(2) Provide for the protection of life, limb, health, safety, property or welfare of the general public and occupants of, and neighbors to, properties or conditions constituting public nuisances.

(3) Provide the citizens of the city with an attractive community and protect property values.

(4) Allow the citizens of the city to actively participate in the community enhancement process.

(Ord. No. 2002-04, § 2(16B.00.07), 5-8-2002)

(a) This article applies generally to all real and personal property within the city.

(b) Every owner of real and personal property within the city is required to maintain such property in accordance with this article, and such owner shall be liable for violations of this article regardless of any contract or agreement that the owner might have with a third party regarding the property.

(c) Every occupant, lessee or other person with an interest in real property, with the exception of a property owner or a lender whose sole interest in the property is as security for the repayment of a debt, is required to maintain such property in the same manner as is required of the property owner. The duty imposed on a property owner shall, in no instance, relieve occupants, lessees, or other persons of their duties under this article.

(Ord. No. 2002-04, § 2(1613.00.02), 5-8-2002)

Whenever reference is made to any portion of this article, the reference applies to this article as adopted and any subsequent amendments or additions.

(Ord. No. 2002-04, § 2(16B.00.04), 5-8-2002)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appeals board means the city council.

Building means any structure or any portion thereof used or intended for housing or the enclosure of persons, animals, chattels, equipment or property of any kind; and also includes duplexes and other structures wherein things may be grown, made, produced, kept, handled, stored or disposed of and all appendages, accessories, apparatus, appliances and equipment installed as part thereof. The term "building" does not include machinery, equipment, or appliances installed for manufacture or process purposes only, nor shall it include any construction installations, which are not part of a building, or include any house trailer or vehicle, which conforms to the Vehicle Code.

Building official means the city official and his or her designated representative charged with enforcement of the city building code.

Code enforcement officer means an authorized representative of the director charged with responsibility for enforcing this article.

Combustible materials means materials which are readily ignitable, free-burning, or which will ignite through contact with flames of ordinary temperatures and includes combustible decorative materials, combustible fibers, combustible liquids, and combustible waste material as those terms are defined in the California Fire Code as adopted by the city.

Days means calendar days unless otherwise specified.

Demolish means to destroy a building and to remove all debris and waste materials from the lot on which the building stood.

Director means the chief of police or his or her designated representatives which may include but are not limited to code enforcement officers.

Dwelling means any building or portion thereof which contains more than two dwelling units, sleeping and eating areas, and sanitation as required by the California Building Code. The term "dwelling" does not include vehicles, travel trailers, recreational vehicles, watercraft or similar conveyances.

Dwelling unit means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the California Building Code, for not more than one family, or a congregate residence for ten or fewer persons.

Enforcement means diligent effort to secure compliance or abatement. This may include review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this article, the term "enforcement" may but need not include inspections of existing buildings on which no complaint or application has been filed; and show effort to secure compliance as to such existing buildings.

Hearing officer means an individual appointed by the city manager, acting singularly or collectively, to hear matters as provided for and described in this article, in accordance with regulations that may be established by the city council.

Imminently dangerous means that the condition of property or a building, if abated according to the procedures set forth in this article requiring notice and an opportunity for a hearing, may, during the pendency of those proceedings, subject the public, occupants, or neighbors, or the property of these persons to potential harm of a serious nature.

Junk means any worn out, cast off, or discarded article or material that is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

Junkyard means any property or the use of any portion of a property other than for any licensed automobile wrecking yard, for the dismantling of machinery other than motor vehicles or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking or for the storage or keeping of junk, including scrap metals or other scrap material, whether or not such activity is done for profit.

Major vehicle repair means any maintenance, repair, or replacement not listed in the definition of "minor vehicle repair," including but not limited to the installation, repair, or refinishing of body, paint, radiator, starter and alternator, transmission, muffler, and engine.

Mediation means a meeting held between the director and a responsible party under the supervision of an impartial third party to informally resolve issues relating to alleged violations of this article or other applicable laws.

Minor vehicle repair means the installation, repair or refinishing of battery and ignition, brakes, detailing, diagnosis and tuning, glass, car stereo, seat covers and reupholstery, tires and trailer hitch installation.

Notice of administrative violation means the notice issued by the director or his or her designated representatives, which may include but are not limited to code enforcement officers.

Nuisance means any nuisance defined pursuant to Civil Code §§ 3479—3508.2, any other nuisance recognized at common law or in equity, or any nuisance as defined by this article.

Occupant means any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit.

Occupy means to reside or dwell in for purposes of shelter, sleeping or cooking.

Order of abatement means any final order or notice requiring abatement of a nuisance pursuant to this article or other applicable law, whether issued by the hearing officer; appeals board; or other person, body, court, tribunal, committee, board, or council authorized by this article or other applicable law to order abatement of nuisances.

Person means an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, local agency, or any other group or combination acting as an entity or their successors or assigns, or the agent of any of these persons or entities. The term "person" includes an owner, lessee, sublessor, sublessee, or occupant of the premises.

Premises means any real property, including any and all buildings, structures and improvements thereon.

Property means all real property, including but not limited to the entire premises, parking lots, sidewalks, gutters, driveways, walkways and includes any building and structure located on such property.

Property owner and owner mean any person owning real property as shown on the last equalized assessment roll for city taxes.

Public nuisance includes but is not limited to a nuisance that affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; or any public nuisance as defined by this article.

Reasonable time means between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, inclusive, unless otherwise required by:

(1) An emergency impacting the safety or preservation of life or property; or

(2) The fact that the alleged violation of this article or other applicable laws only occurs at some other hour or on a weekend.

Registered, with respect to vehicles, means a current, valid registration from this state for a vehicle conforming to Vehicle Code § 4000 or 9840 et seq.

Rental dwelling unit means a dwelling unit rented for any tenure, type or price.

Responsible party means any person, business, company or entity, and the parent or legal guardian of any person under the age of 18 years, who has committed any act for which the city may impose an administrative fine or penalty.

Rubbish means and includes castaway furniture, packing materials, construction waste, dry manure, debris, tree or shrub trimmings, or other matter which could constitute or increase a fire hazard.

Service request means a report, by any person, of an alleged violation of this article or other applicable laws.

State housing law means Health and Safety Code §§ 17910—17997.8 and article 1 of chapter 1, title 25 of the California Code of Regulations.

Tenant means the person lawfully occupying a building or portion thereof or a dwelling unit or rental dwelling unit.

Vehicle means a device by which any person or property may be propelled, moved or drawn upon a highway, road or body of water and, for the purposes of this article, includes but is not limited to automobiles, trailers, recreational vehicles, campers, boats, motorcycles and mopeds, whether or not such vehicles are registered as required by law.

Weeds means and includes but is not limited to plants which bear seeds of a downy or winged nature; sagebrush, chaparral, manzanita, berry bushes, bamboo, and any other brush which can become a fire hazard to the property or adjacent property; poison oak; and dry grass, grass or weed stubble, dry or dead brush or shrubs. The director shall have discretion to determine whether a particular plant or brush is a weed for purposes of this article, subject to any appeal procedures as provided by this article.

(Ord. No. 2002-04, § 2(16B.00.08—16B.00.049), 5-8-2002; Ord. No. 2016-004, § 1, 6-23-2016)

Cross reference— Definitions generally, § 1-2.

The sections of this article, insofar as they are substantially the same as previously existing city Code provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not new enactments. Any actions or proceedings commenced, permits issued, or entitlements granted pursuant to any prior existing ordinance or Code provisions shall not be affected by the enactment of this article; but such actions, proceedings, permits and entitlements shall conform to this article.

(Ord. No. 2002-04, § 2(16B.00.05), 5-8-2002)

The remedies provided in this article are cumulative and shall be in addition to any other remedies provided by law. Nothing in this article shall be deemed to prevent the city from commencing any other available civil or criminal proceeding to abate a nuisance under applicable provisions of state or other law.

(Ord. No. 2002-04, § 2(16B.00.06), 5-8-2002)