Clovis Municipal Code Art. 4 Management of Real Property

(a) Title. This article shall be known as the “Management of Real Property Ordinance.”

(b) Findings. Just as the physical conditions of structures and properties within the City can constitute public nuisances, so too can the behavior of persons on properties within the City constitute public nuisances. The abatement of behavioral nuisances is as important to the City in its fight against blight, decay, deterioration and crime as is the abatement of other nuisances created by physical conditions.

The owners of real properties within the City are responsible for monitoring their properties and for taking appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance creating behaviors, or the combination of conditions.

Many nuisances can be avoided with active property management. Lack of proper management of real property can create an environment which is conducive to behaviors which become a nuisance with repetition and lack of abatement and corrective measures.

If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health and welfare of the neighborhoods, and the City as a whole, that the City be able to undertake abatement action. The provisions of this article are necessary to protect the health, property, and integrity of this community.

Nothing in this article exempts property owners from compliance with Federal, State, or local laws, including, but not limited to, laws on housing, eviction, retaliatory conduct, discriminatory conduct, or invasion of privacy.

(c) Purpose. The purpose of this article is to set forth the management of activities conducted and enforce minimum standards relating to or conditions on real property to protect the public health, safety and welfare; and to put in place remedies which will permit the City to take effective, efficient administrative or other legal action against property owners who permit or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance creating behaviors or conditions and control the environment, both physical and behavioral, on such real properties.

The provisions of this article are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in the Municipal Code, State or Federal laws, regulations, or case law.

It is not the intent or purpose of this article to subject owners or managers to any legal liability resulting from a tenant’s actions away from the owner’s or manager’s own property, unless it can be shown that the problem tenant is also creating a nuisance or committing a crime on the owner’s or manager’s property.

(d) Enforcement responsibility. Enforcement of this article shall fall within the responsibility of the Police Chief and the Director of Planning and Development Services and any of their designees. Reference in this article to Director includes all of these individuals.

(§ 1, Ord. 14-02, eff. March 5, 2014)

(a) Owners. Every person or entity owning, possessing, or having charge or control of real property within the City is required to manage that property and control the environment thereon in a manner so as not to violate the provisions of this article, and the owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding the property.

(b) Lessees. Every occupant, lessee, or holder of any possessory interest in real property is required to: (i) comply with all laws applicable to the property; (ii) to supervise anyone utilizing, using, or occupying the property, with or without the consent of the owner, consistent with this article; and (iii) to maintain the property in a manner so as not to violate the provisions of this article.

(§ 1, Ord. 14-02, eff. March 5, 2014)

It is hereby declared a public nuisance and a violation of this article for the owner, whether through the owner or owner’s agent, lessee, sublessor, sublessee, or occupant of any premises in the City to permit, with actual or constructive knowledge, any of the following activities to habitually occur on the real property of the owner. “Habitual” shall mean patterns or occurrences evidenced by frequent repetition or regular mode of practice or usage.

(a) Use and sale of controlled substances. The illegal manufacturing, sale, use or possession of controlled substances or other illegal drugs and substances.

(b) Coming and going for sales of controlled substances. The gathering, or coming and going, of people who purchase or use controlled substances on the premises.

(c) Prostitution. The occurrence of prostitution.

(d) Gang activities. Unlawful activities of a criminal street gang as defined in Penal Code Section 186.22.

(e) Noise and unruly behavior. Noise and unruly behavior as set forth in Sections 5.27.504 and 5.27.601.

(f) Firearms and weapons. The unlawful discharging of a firearm or brandishing of a weapon by any person.

(g) Graffiti and trash. The presence of graffiti or other defacing words, letters, or drawings, or trash and debris on the property for a forty-eight (48) hour period.

(h) Abandoned and inoperable vehicles. The presence of abandoned vehicles or improperly stored inoperative, wrecked, or dismantled vehicles on the property, occurring on any one or more properties of the same owner within the City of Clovis.

(i) Animal disturbances. Animal disturbances, including but not limited to competitive fighting between animals.

(j) Violent criminal acts. Violent criminal acts, charged or not, including, but not limited to, rapes, assaults, battery, homicides, stabbings, and/or shootings.

(k) Gaming activities. Illegal gaming activities.

(l) Stolen property. Possessing or storing stolen property.

(§ 1, Ord. 14-02, eff. March 5, 2014; § 1, Ord. 17-13, eff. August 9, 2017)

The Police Chief or Director shall, within a reasonable period of time from the date of occurrence of any activity listed in Section 5.27.403, notify the property owner of the unlawful activity. The notice shall include the location of the property, the name of the person(s) conducting the unlawful activity (if known and appropriate), a description of the illegal activity, suggested remedies and a warning of the enforcement of this article if the activity described is not abated within the time prescribed in the notice. The notice shall be served on the owner of the property, via regular mail, at the address listed on the latest tax assessment roll or as otherwise actually known to the Director.

(§ 1, Ord. 14-02, eff. March 5, 2014)

Violations of this article are subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms.

(§ 1, Ord. 14-02, eff. March 5, 2014)

If the City incurs any costs or expenses for relocating tenants resulting from the enforcement of this article, the owner shall be required to reimburse the City for all such costs and expenses.

(§ 1, Ord. 14-02, eff. March 5, 2014)