Corcoran Municipal Code Ch. 1 Public Nuisance; Maintenance of Property

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises or an alleyway or other public right of way fronting said premises in such manner that any of the following conditions are found to exist thereon:

A. Unsafe Buildings: Buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment.

B. Exits: Any structures where any door, aisle, passageway, stairway or other required means of exit is not of sufficient width or size or is blocked and does not provide safe and adequate means of exit in case of fire or panic.

C. Damaged Buildings: Whenever any portion of a structure has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural integrity of the building has been compromised as to be considered unsafe.

D. Fire Hazard: Premises maintained so as to constitute a fire hazard by reason of weeds, rank overgrowth or accumulation of debris.

E. Abandoned Buildings: Buildings which are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction.

F. Termite Infestation: Any building on which the condition of the paint causes dry rot, warping or termite infestation.

G. Broken Windows: Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

H. Vermin Harborage: Overgrown vegetation, cultivated or uncultivated, which is likely to harbor rats, vermin or other nuisances, or which causes detriment to neighboring properties or property values.

I. Hazardous Trees, Weeds: Dead, decayed, diseased or hazardous trees, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare, or detrimental to neighboring properties or property values.

J. Vehicles, Equipment: Any materials, equipment, vehicles not currently registered or other chattels stored continuously in excess of seventy two (72) hours within a yard area between a street and buildings used for residential purposes, including accessory buildings thereto.

K. Attractive Nuisances: Any attractive nuisance dangerous to children in the form of abandoned or broken equipment, hazardous pools, ponds, excavations or neglected machinery.

L. Discarded Furniture: Broken or discarded furniture and household equipment remaining in front yard areas for unreasonable periods and causing damage or detriment to neighboring property.

M. Clothes Lines: Clothes lines in front yard areas.

N. Garbage Cans: Garbage cans both permanently stored in front yards and visible from public streets.

O. Debris In Yards: Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods and causing detriment to neighboring property.

P. Neglect Of Premises: Any neglect of premises to spite neighbors, influence a zone change or other zoning relief or to cause detrimental effect upon nearby property or property values.

Q. Premises In Detrimental Condition: Maintenance of premises in such condition as to be detrimental to public health, safety or general welfare or in such manner as to constitute a "public nuisance" as defined by Civil Code section 3480.

R. Property Value Depreciation: Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes substantial depreciation of the property values of the surrounding properties or is materially detrimental to properties and improvements.

S. Hazardous Fences: Any wall, fence or hedge in such condition as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property. (Ord. 355, 9-4-1979)

T. Storage Or Parking Of Vehicles: Including, but not limited to, automobiles, trucks, boats, recreational vehicles, on any unimproved surface of a front or side yard except for the purpose of washing such vehicle. (Unimproved surface includes any surface which is not paved or asphalted.) Properties having driveways composed of dirt, gravel or sand are exempt from surfacing requirement. For this purpose, a driveway is not what would normally be a landscaped area of the property.

A warning notice will be given for the first violation. Additional violations of this subsection will result in the issuance of a parking citation. The fines imposed are as follows:

First citation: $25.00 Due and payable within 30 days of date issued.

Second citation: $50.00 Due and payable within 30 days of date issued.

Third citation: $100.00 Due and payable within 30 days of date issued.

The citation may be issued by the city building official, the city code enforcement officer, or an authorized representative of the city building official. (Ord. 572, 12-1-2003)

U. Maintenance Of Parking Lots: The definition of "parking lot" as it pertains to this subsection shall be: An off street area, generally surfaced and improved for the temporary storage of five (5) or more vehicles. All parking lots, commercial and multi-family residential, shall be properly maintained so that they are free from holes, cracks, or other disfigurements that the city deems to constitute a maintenance hazard, danger or risk. The surfaces shall be as required by city rules, guidelines and/or regulations. All parking spaces shall be properly marked at all times. Parking lots shall be kept free of trash and other debris, including, but not limited to, weeds and overgrowth of vegetation. (Ord. 574, 6-9-2004)

Whenever the building official, county health officer or such other city official as may be designated by the city manager, determines that any building or premises within the city is being maintained in violation of the provisions of this chapter, he/she shall give written notice thereof to the owner of record as shown on the last equalized assessment roll. Such notice may be served by mail, certified, return receipt requested, addressed to said owner at the last known address of said owner as shown on the last equalized assessment roll. In the case that the public nuisance is an unsafe building, the subject building shall be posted, in addition to the required mailed written notice. Said notice shall specify the condition or conditions to be corrected or remedied and shall specify a reasonable period within which this must be accomplished. The service of this notice is complete at the time such notice is deposited in a receptacle maintained by the United States postal service, with postage thereon fully prepaid. (Ord. 532, 11-17-1997)

A copy of the abatement order of said nuisance shall be served upon the owners of said property in accordance with the provisions of section 4-1-2 of this chapter. Any property owner shall have the right to have any such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said abatement order at his/her own expense, provided the same is done prior to the expiration of the abatement period set forth in the abatement order. Upon such abatement in full by the owner, then proceedings hereunder shall terminate. (Ord. 355, 9-4-1979; amd. 1996 Code)

If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the city manager, or such other city official as may be designated by him/her, is authorized and directed to cause the same to be abated by city forces or private contract, and the city manager or his/her designated agent, is expressly authorized to enter upon said premises for such purpose. All expenses so incurred by the city in connection therewith shall be charged to and become an indebtedness of the owner of such structure or premises, as well as a lien upon the affected property, as elsewhere herein provided. (Ord. 355, 9-4-1979)

When any nuisance is abated by the city pursuant to this chapter, the finance director shall prepare a statement showing the cost, including incidental expenses thereof, and shall certify to the correctness of the amount thereof. Such statement shall then be placed on file in the office of the finance director. The finance director shall thereupon give notice of the filing of such statement and of the amount of such charges in the same manner as provided in section 4-1-2 of this chapter. "Incidental expenses" includes, but is not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and inspecting the work, and costs of printing and mailing required hereunder. (Ord. 355, 9-4-1979; amd. 1996 Code)

A. Hearing On Charges: Within thirty (30) days from the date of service of such notice of charges for abatement the property owner, or any interested person, may demand a hearing as to the reasonableness of such charges. Such demand shall be in writing and filed with the city clerk. It shall describe the property involved, state the reasons for objecting, and include the address of the applicant for service of notices in connection with such hearing. Such demand shall be presented by the clerk to the city council at its next regular meeting. The City Council shall thereupon set a date for hearing such protest which shall be not less than ten (10) nor more than thirty (30) days thereafter. The City Clerk shall give written notice of such hearing to the address furnished in the demand for hearing. At the time set for such hearing, the City Council shall hear all evidence pertinent to the reasonableness of such charges and shall then either confirm or modify the charges. The decision of the City Council thereon shall be final and the City Clerk shall then file with the City Manager a certificate showing the conclusions of the Council and, at the same time shall notify the applicant by serving upon him/her a copy of such certificate. (Ord. 355, 9-4-1979)

B. Interest On Charges: If the amount of such charges as determined by the City Council shall not have been paid within sixty (60) days after filing of such certificate by the City Clerk, the payment thereof shall thereupon become delinquent and such amount so determined shall thereafter bear interest at the rate of seven percent (7%) until paid or until filed with the County Tax Collector as hereinafter provided. If no hearing is demanded as to the reasonableness of such charges the payment thereafter shall become delinquent at the expiration of the time for filing of a demand for a hearing thereon. (Ord. 355, 9-4-1979; 1996 Code)

A. Transfer Of Collection To County Tax Collector: On July 1 of each year, or within thirty (30) days thereafter, the City Manager shall certify a list of all delinquent charges for nuisance abatement to the County Tax Collector. Each parcel of property shall be described sufficiently to identify it in accordance with the records of the County Tax Collector, and the amount of such charges, including such interest as shall have accrued after the delinquent date to July 1 of such year, shall be set forth opposite such description.

B. Method Of Collection: Upon receipt of such list, the County Tax Collector shall enter the charges shown thereon for each parcel of property upon the current tax roll and shall proceed to collect said charges in the same manner as Municipal and ad valorem taxes and penalties and interest for nonpayment thereafter shall attach as though such amounts were ad valorem taxes; provided, however, that no receipt for payment of ad valorem taxes appearing upon said tax roll as against a parcel shall be issued unless all such charges for nuisance abatement, and penalties thereon, entered upon that tax roll against said lot shall first be paid in full.

C. Tax-Sold Property: Upon the sale of any lot to the City for nonpayment of taxes, all charges for nuisance abatement for said parcel appearing upon the tax roll, together with the penalties thereon, shall be added to and become a part of the same delinquent tax record.

D. Tax-Sold Property; Redemptions: No certificate of redemption from sale for delinquent taxes shall be issued until all charges for nuisance abatement, and penalties entered on the delinquent tax records against the property involved, shall first have been paid in full.

E. Correction Of Errors; Cancellation Of Assessment:

1. The City Manager may, prior to certifying any such unpaid charges to the County Tax Collector, correct any errors with respect to such taxes appearing upon his/her records.

2. After such taxes have been certified to the County Tax Collector, the Council, by order entered on its minutes, may cancel any charges for nuisance abatement, or penalty, or any portion of either thereof, appearing on the tax records, which, because of error, is charged against the wrong property, or which has been paid but such payment shall have not been recorded upon the tax records, or which is based upon a clerical error in such records, or which was charged against property acquired subsequent to the lien date by the United States, by the State, or any city, or any school district or other political subdivision, and because of this public ownership, not subject to sale for delinquent assessments.

F. Refunds: Any charge for nuisance abatement or penalty, or portion of either thereof, which is paid as the result of any erroneous assessment upon the wrong property, or which is paid more than once, or which is based upon clerical error appearing in the tax records, may be refunded by the Council to the person entitled thereto; provided, however, that such refunds shall only be made upon the written application of the person entitled thereto, which must be filed with the City Clerk no later than one year after the date the erroneous payment was made. (Ord. 355, 9-4-1979; 1996 Code)

It is the intent of the City Council that the provisions and procedures set forth in this Chapter shall not expressly or by implication repeal or supersede any other provisions or procedures of the City Code or any other applicable law on the same or related subject matters. This Chapter shall supplement existing procedures and will provide an alternative, nonexclusive procedure for the abatement of a nuisance. Nothing in this Chapter shall preclude or prohibit the City from resorting to any appropriate legal remedy, whether civil or criminal, in the abatement of any nuisance including any nuisance designated in this Chapter; and when such legal remedy is utilized, the administrative hearing and appeal procedures provided in this Chapter to determine the existence of a nuisance shall not be applicable. (Ord. 355, 9-4-1979)

A. The owner of any building or premises who maintains any public nuisance thereon, as defined in this Chapter, or who violates any order of abatement issued by the City Council is guilty of an infraction.

B. Any occupant or lessee in possession of any such building or premises who fails to vacate said building or premises in accordance with an order of abatement provided in this Chapter is guilty of an infraction.

C. Any person who removes any notice or order posted as required in this Chapter is guilty of an infraction.

D. No person shall obstruct, impede or interfere with any representative of a City department or the Planning Commission, or any person having any interest or estate in such building or premises, is engaged, pursuant to the provisions of this Chapter, in enforcing any such order of abatement. Any person doing so shall be guilty of an infraction. (Ord. 355, 9-4-1979)

Every violation determined to be an infraction is punishable as provided in Section 1-4-1 of this Code. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Chapter is committed, continued or permitted. (Ord. 355, 9-4-1979; 1996 Code)