Chapter 8.01 — GENERAL PROVISIONS

It is important for the city to be and to appear clean, well kept and generally clear of public nuisance, eyesores and unhealthy conditions. The appearance of a community weighs heavily in the decisions of prospective residents and businesses in locating in a particular area. A clean community can increase property values, provide a healthy environment and make citizens proud of the area they live in, which acts as its own encouragement to keep the community clean in the future. As such a community needs to develop a plan and a set of regulations to keep the area cleaned up, to remove unsightly conditions and prevent future problems from occurring. The following program has been designated to meet these needs, and protect the citizens health, safety and property values from public nuisances.

(Ord. 578 § 2(2), 1998; Ord. 535 §1(part), 1993).

In accordance with the provisions of California Government Code Section 38773.5, it is the intent of the city council, by the adoption of this chapter, to provide a procedure for the abatement of public nuisances within the city of Corning in order to effectively combat hazard to the public health, safety and welfare.

(Ord. 535 §1(part), 1993).

These and many other things can be considered a nuisance by other residents and neighbors. They distract from others health, safety and happiness, and decrease property values. In general, a public nuisance is defined as any person permitting any of the above conditions to exist.

A nuisance abatement program should be designed to eliminate these problems, and prevent additional problems from occurring. As such, the Ordinance must address problem identification and enforcement.

(Ord. No. 535, § 1, 3-23-1993)

Any violation of chapter 8 with the exception of section 8.10 of the Corning Municipal Code shall be punishable as set forth in section 8.25.

(Ord. No. 535, § 1, 3-23-1993)

The standards in this chapter shall apply to all city land, facilities, equipment or vehicles used for storage, and other handling of solid wastes.

(Ord. No. 535, § 1, 3-23-1993)

Rules and Regulations have been established for enforcement of Corning Municipal Code regulations. Policies and procedures are hereby established to enforce the City's Municipal Code. Enforcement rules and regulations are in section 8.25 of this Code.

(Ord. No. 535, § 1, 3-23-1993)

A.

Whenever it is necessary to make an inspection to enforce any of the provisions or perform any duty imposed by this chapter or other applicable law, the local enforcement agency is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the local enforcement agency by this chapter or by the other applicable law; provided, that if such property is occupied, You must present proper credentials to the occupant and request entry, explaining the reason therefor. If such property be [is] unoccupied, you shall make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the local enforcement agency shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

B.

Notwithstanding the foregoing, if the local enforcement agency has reasonable cause to believe that there is an accumulation of refuse or litter, or both or other unsanitary conditions prohibited by this chapter, on the premises which could be seriously detrimental to the public health or safety, the city shall have the right to immediately enter and inspect such property. If such entry is refused, the code enforcement officer shall have recourse to every remedy provided by law to secure entry.

(Ord. No. 535, § 1, 3-23-1993)