Clearlake Municipal Code § 10-1 General

The ordinance codified in this Chapter (Ordinance No. 159-2012) may be referred to and the cited as the Property Maintenance, Nuisance and Vehicle Abatement Ordinance of the City of Clearlake. (Ord. #2012-159)

The City Council finds that: a. The City wishes to encourage well kept properties and recognizes that property values and general health, safety and welfare of the community are founded on appearance and maintenance of property. b. The existence of property in a condition constituting a nuisance as defined below is injurious and adverse to the public health, and safety and welfare of the residents and businesses of this City. c. The administrative citation process, set forth in Section 10-2 below shall be in addition to all other legal remedies, civil or criminal, available to the City to address a violation of the Clearlake Municipal Code. d. The administrative citation process in this Chapter may be used to enforce any violation of the Clearlake Municipal Code or any land use approval or entitlement. The use of the process is at the sole discretion of the City. e. Enforcement of the Clearlake Municipal Code and applicable Federal and State laws throughout the City is vital to protection of the public’s health, welfare, safety and quality of life, and essential to the sizeable public investment the City has made and will continue to make throughout the community. Enforcement starts with the drafting of precise regulations that can be effectively applied for administrative enforcements purposes, continues with efforts at achieving voluntary compliance with applicable laws and regulations and culminates in the pursuit of judicial and administrative remedies. (Ord. #2012-159)

a. It is the policy of the City Council to enforce all Federal, State and local laws, rules and regulations to protect the general public health, safety and welfare without discrimination against or in favor of any person who makes a complaint or who is the subject of a complaint, based on race, religion, color, creed, national origin, sex, sexual orientation, martial status, age, or on any sensory, mental or physical disabilities or because of a relationship to any public official. b. The emphasis of the City’s Code enforcement program shall be to abate life health and safety issues, to require proper maintenance of properties and to seek compliance with all applicable Federal, State and local laws, rules and regulations and conditions in discretionary land use approvals. Alleged violations brought to the attention of staff shall be investigated and shall be resolved fairly and equitably. (Ord. #2012-159)

The purpose and intent of the regulations contained herein are as follows: a. To define as public nuisances and violations those conditions which constitute visual blight or which could result in conditions which are harmful or deleterious to the public health, safety and welfare; b. To develop regulations that will promote the sound maintenance of property and the enhancement of the livability, community appearance and the social, economic and environmental conditions of the community; c. To ensure that all property improvements and land and other uses permitted by the City pursuant to the Clearlake Municipal Code, are maintained in compliance with all applicable laws, rules and regulations, and, where applicable, within the parameters of the applicable land use entitlement and conditions of approval; d. To establish guidelines and procedures for the abatement of nuisances in a manner that affords due process and procedural guarantees to affected property owners and tenants; e. To provide for the administration and enforcement of the Clearlake Municipal Code through an administrative process where possible; and f. To recover City costs incurred in the abatement of violations. (Ord. #2012-159)

As used in this Chapter: ADJOINING PROPERTY means a property which shares a common boundary with a subject property or a property that is directly across a public or private street or road from a subject property.

DAYS means calendar days. In the event the last day of the specified time period falls on a Saturday, Sunday or Federal holiday observed by the City, then the last day of the specified time period shall be the next business day. HIGHWAY means a way or place publicly maintained and open to the use of the public for purposes of vehicular travel. HIGHWAY includes a freeway, street, road and alley. OWNER shall mean the owner or owners of record of real property as shown on the latest county equalized assessment roll; the lessee, tenant or other person having control or possession of the property; the mortgagee under a recorded deed of trust; and any other person having a recorded beneficial or legal interest. OWNER OF THE VEHICLE means the last registered owner and legal owner of record. PUBLIC NUISANCE includes anything which is declared by subsection 10-1.6 or the City Council to be or likely to become injurious to the public health or safety or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or personal property, or unlawfully obstruct the free passage, accessibility, or use, in the customary manner, of any public park, square, street or highway; and includes a condition of visual blight. Enumeration of such nuisances in subsection 10-1.6 shall not be deemed exclusive. PUBLIC PROPERTY does not include the term “highway” PUBLIC VIEW means the view from a public or private street or road which serves more than one property or from a public walkway or trail. SCREENED means shielded, concealed and substantially hidden from public view or adjoining property, at an elevation at least six (6') feet above ground level, by a fence, wall, lattice, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof, as deemed appropriate by the planning services manager. STREET shall include an avenue, road, alley, land, highway, boulevard, concourse, driveway, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal parking field used by the general public. Street shall be considered to include a sidewalk or footpath, unless the contrary is expressed or unless such construction is inconsistent with the apparent intent. VEHICLE means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks; VISUAL BLIGHT means any unreasonable or unlawful condition or use of property which by reason of its appearance as viewed from public street or from neighboring premises, is detrimental to the property of others. (Ord. #2012-159)

It is a public nuisance for any person owning, leasing, renting, occupying or having charge of any property within the City to allow or maintain any one or more of the following conditions or activities on such property: a. Land in such topography, geology or configuration (whether in natural state or as a result of grading operations, excavation or fill) which causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties; b. Buildings or other structures which are abandoned, partially destroyed, partially constructed or allowed to remain unreasonably in a state of partial construction; c. The failure to close, by means acceptable to the Code Enforcement Officer, all doorways, windows and other openings into vacant structures; d. Buildings, wall, fences, driveways, sidewalks, walkways, parking areas or other improvements to real property which are so defective, unsightly, deteriorated or in disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements; e. Broken windows constituting hazardous conditions or inviting trespassers and malicious mischief; f. Overgrown vegetation that is: 1. Likely to harbor rats, vermin or other nuisances, 2. Causing detriment to neighboring properties, 3. Causing or adding to a fire hazard, 4. Hanging over public sidewalks. g. Dead, decayed, diseased or hazardous trees, weeds and other vegetation: 1. Constituting a danger to public health, safety and welfare, or 2. Detrimental to nearby property, 3. Causing or adding to a fire hazard, or 4. Unsightly. h. Pools, ponds and excavations, which are not properly marked and fenced off, and could pose a danger to children or other members of the public; i. Neglected machinery that is not properly stored or fenced off so as to prevent illicit use by children or other members of the public;

j. The accumulation or storage of junk, including tires, lumber, household appliances or parts thereof, inoperable vehicles, or parts thereof, furniture, sinks, toilets, cabinets or other household fixtures, equipment or parts thereof, rubbish, garbage, debris or salvage materials, which constitute visual blight and are visible from a public street, alley or adjoining property; k. Packing boxes, lumber, trash, dirt and other debris deposited for unreasonable periods either inside or outside buildings, visible from the street or nearby property which constitutes visual blight or is offensive to the senses or is detrimental to nearby property values; l. Heavy commercial vehicles, construction, equipment or machinery of any type or description parked or stored without a permit on property where it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or on adjoining property; m. Improper maintenance of signs on property relating to uses no longer conducted or products no longer sold on property; n. Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage, accessibility, or use, in the customary manner, of any public park, square, street or highway; o. Any property maintained in such a manner as to result in substantial amounts of gases, oil or hazardous materials flowing onto public rights-of-way or accumulating on paved surfaces, soil, buildings, walls or fences; p. Specialty structures which have been constructed for a highly specific single use only, and which are not enclosed or shielded, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair, for over one (1) year, such as, but not limited to: greenhouses, tanks for gas or liquid, lateral support structures and bulkheads, utility high- voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and tower, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, freestanding chimneys and smokestacks, recreational structures such as tennis courts and cabanas and all other specialty structures not listed in this subsection but determined to be a specialty structure by the City; q. Presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof, except: 1. When completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or 2. When stored or parked in a lawful manner on private property in connection with the business or a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise,

r. Obstruction or encroachment of any public property, including but not limited to any street, easement, right- of-way, alley, highway, park, building or other land dedicated to public use; s. Causing, maintaining or permitting graffiti or other unauthorized markings: 1. To remain on exterior walls or facades of any building, fence, wall or other structure of whatever nature; or 2. To remain upon the exterior of any motor vehicle, van or truck which is parked on public streets or driveways or is otherwise visible to the public; t. Storage of hazardous materials in such a manner as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties; u. The use, in any residential zoning district or planned development district of the City, of barbed wire, concertina wire, razor-cut wire or other such similar fencing material in a dangerous or unsightly fashion; v. Stacking or storage of any combustible material, including but not limited to wood or any material which would increase or may cause an increase of the hazard or menace of fire; w. Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on property which constitutes visual blight; x. A violation of any provision of, or condition of approval imposed in connection with, a lease, permit, license, franchise, agreement, certificate or other entitlement issued by the City of Clearlake whether temporary or permanent, including, for example and without limitation, a rezone, variance, subdivision approval; y. A violation of any obligation or condition set forth in any agreement recorded with the County Recorder, such as off-site parking agreements, subdivision agreements homeowner covenants, conditions and restrictions (CC&Rs), for which the City of Clearlake is a direct or third-party beneficiary; z. A violation of any provision of this Code. Except as otherwise provided in the Clearlake Municipal Code, every act or condition prohibited or declared unlawful by this Code, and every failure or omission to act as required by this Code is a violation of this Code. aa. Any use of property that violates any Federal, State or local law, rule or regulation. bb. Nonresidential Property Violations. The following violations apply to those properties that are zoned or otherwise legally used for nonresidential purposes: 1. Accumulation of dirt, litter, or debris in vestibules, doorways, or adjoining sidewalks, passages, or breezeways of a building; 2. Deteriorated off-street parking surfaces or structures or driveways; 3. Graffiti or other unauthorized markings which remain on a building exterior, wall, fence, or other structure and which are visible from public view or an adjoining property;

Unmaintained landscaping which is visible from public view or an adjoining property; 5. Shopping cart removed from the business premises where it belongs; and/or 6. Unmaintained or nonoperational lighting on the exterior of a building or within off-street parking areas. (Ord. #2012-159)

a. Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this Chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third-party regarding such property. b. Every occupant, lessee, or holder of any interest in real property, other than as owner of that real property, is required to maintain such property in the same manner as is required of the owner by subsection 10-1.7a., and the duty imposed by subsection 10-1.7a. on the owner of that property shall in no instance relieve those persons herein referred to from that duty. (Ord. #2012-159)

Each condition described in subsection 10-1.6 is hereby declared to be a public nuisance, subject to abatement pursuant to the procedures set forth in this Chapter, including, without limitation by rehabilitation, demolition or repair. 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 abating public nuisances in any other manner authorized by law. (Ord. #2012-159)

a. Every person who violates, creates, maintains or permits the existence of a public nuisance shall be guilty of a separate and distinct offense for each and every day, or any portion thereof, that such public nuisance exists or is permitted to exist by such person, and shall be punishable accordingly. b. Every person who violates, creates, maintains or permits the existence of a public nuisance shall be guilty of a misdemeanor, unless the City Attorney determines that the violation should prosecuted as an infraction, pursuant to Section 1-5 of this Code. c. The City may assess administrative penalties in the amounts set forth in Section 1-9 of this Code for every violation of subsection 10-1.6 of this Chapter by issuing an administrative citation which carries administrative penalties, pursuant to the procedures set forth in this Chapter. d. The remedies in this Chapter shall be cumulative. (Ord. #2012-159)

a. The City Manager may appoint a Code Enforcement Officer for the City of Clearlake. The Code Enforcement Officer is authorized to request the assistance of the Building Official, Building Inspector, Fire Marshal, Police Chief and any other City officials or departments that are deemed necessary to assist in investigations. b. The Code Enforcement Officer is authorized to write and issue written administrative citations for every violation of subsection 10-1.6 of this Chapter. (Ord. #2012-159)

a. The City Manager, Code Enforcement Officer, Building Official or Inspector, any City of Clearlake Police Officer and any other person specifically appointed by the City Manager to inspect for Code violations, are each authorized with property owner permission to enter upon any property or premises to ascertain whether the provisions of this Code or applicable State codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. Such examinations and surveys may include, without limitation, the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner and according to law. If an owner, occupant or agent of private property refuses to give permission to enter the property in order to inspect it, the Code Enforcement Officer, or other official, may seek an inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Sections 1822.50 through 1822.57. b. The Code Enforcement Officer shall keep an itemized report of all costs incurred by the City to abate any public nuisance or collect any related penalties or costs so that these costs may be charged to the violator, and/or against the property in the event of nonpayment, in accordance with this Chapter. (Ord. #2012-159)

a. All notices and orders provided for in this chapter shall be served upon the violator or property owners by an officer or employee of the City using one (1) of the following methods: 1. Personal Service. Personally serve the notice or order on the person responsible for the violation. The notice or order shall be deemed given on the date of personal service. 2. Mail. Mail the notice or order by first class mail. Service shall be deemed effective on the date of mailing. (a) If the notice or order is being mailed to the property owner, the notice or order shall be sent to the last known business or residential address for such party as shown on the County’s last property tax assessment roll or to or to any other address known for the owner. The notice or order shall be deemed given on the date of deposit in the mail.

(b) If the violator is the tenant or other possessor of property, the notice or order shall be mailed to the property address or any other address known for the party. 3. Posting. Post a copy of the notice or order in a conspicuous place on the property where the violation occurred. The City shall additionally mail a copy of the notice or order by first class mail to the property owner pursuant to subsection (a)(2) of this subsection. The notice or order shall be deemed given on the date it is posted on the property. b. The failure of any person to receive actual notice required under this chapter shall not affect the validity of any proceedings taken under this chapter. c. Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by the affidavit or declaration of any person over the age of eighteen (18) years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned. (Ord. #268-2023, S1)