Corona Municipal Code Ch. 8.32 Property Maintenance

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the city is a party. The purpose of this chapter is to provide minimum standards for the maintenance of property in the city. Where this chapter imposes a greater restriction upon property or structures thereon than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.

(`78 Code, § 8.32.010.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

Every owner, lessee, occupant or person having charge or control of buildings, structures or property within the city is required to maintain the buildings, structures or property in a manner so as not to violate the provisions of this chapter, and the owner, lessee, occupant or person having charge or control of the building, structure or property remains liable for violations hereof regardless of any contract or agreement with any third party regarding the same. The duty imposed by this section on an owner shall in no instance relieve those other persons referred to herein from the same duty.

(`78 Code, § 8.32.020.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

The following acts and conditions, when performed or existing upon any lot or parcel of land within the city, are declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare, which have a tendency to degrade the appearance and property values of surrounding property and/or which cause damage to public rights-of-way:

(A) Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to any of the following conditions:

(1) Faulty weather protection, including, but not limited to, the following:

(a) Crumbling, cracked, missing, broken or loose exterior plaster, siding of any kind, roofs, foundations or floors;

(b) Broken or missing windows or doors; and

(c) Painted or unpainted surfaces suffering from dry rot, warping or termite infestation;

(2) Building or structures which are under construction or rehabilitation and are not completed within a reasonable time or whose building permit for such construction or rehabilitation has expired;

(3) Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements or which are boarded up by a method or materials not approved by the Building or Planning Department;

(4) Buildings or structures which are designed for human use or occupancy and which are left vacant for more than 90 days, unless one of the following applies:

(a) The building or structure is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;

(b) The building or structure meets all codes, does not otherwise constitute a public nuisance, is ready for use or occupancy and is actively being offered for sale, lease or rent; or

(c) The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored. Active maintenance and monitoring shall include:

1. Maintenance of landscaping and plant materials in good condition;

2. Maintenance of the exterior of the building or structure, including, but not limited to, its paint and finishes, in good condition;

3. Regular removal of all exterior trash, debris and graffiti;

4. Maintenance of the building or structure in continuing compliance with all applicable codes and regulations;

5. Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity;

(5) Broken or missing windows or doors which constitute a hazardous condition or which otherwise invite trespassers or may lead to criminal activity on the premises;

(6) Fences or walls which are in a hazardous condition, which are in disrepair or which hinder free access to public sidewalks or rights-of-way;

(7) Substantial deterioration of porches, landings, patios, stairways or guardrails which, although not otherwise constituting an unsafe structure as defined in this code, are visible from public rights-of-way or neighboring properties and are injurious or potentially injurious to the public health, safety and welfare or have a tendency to degrade the appearance and property values of surrounding property;

(8) Broken or defective decorative elements of a building, structure, parking lot or landscaped area which are injurious or potentially injurious to the public health, safety and welfare or have a tendency to degrade the appearance and property values of surrounding property;

(9) Litter, debris or abandoned personal property scattered in the interior of a vacant or unoccupied building or structure in such a manner as to create a fire hazard, health hazard or other condition which is injurious or potentially injurious to public health, safety and welfare;

(B) Vegetation, trees, landscaping or other plant materials which are subject to any of the following conditions:

(1) Overgrown or in such a condition that they are or are likely to:

(a) Harbor rats, vermin or other vectors;

(b) Provide a harboring place for vagrants or other persons; or

(c) Be injurious to the public health, safety and welfare or have a tendency to depreciate the appearance and property values of surrounding properties;

(2) Dead, decayed, diseased, hazardous or in such a condition that they are or are likely to:

(a) Be injurious to the public health, safety and welfare or have a tendency to depreciate the appearance and property values of surrounding properties;

(b) Create a fire hazard or health hazard;

(C) The parking or storage of trailers, campers, boats, vessels, watercraft, recreational vehicles or other similar vehicles and equipment on residentially used property as follows:

(1) In the front yard area. For the purpose of this section, the “front yard area” shall mean any area of the lot or parcel that is not a paved driveway, that is between the front elevation of the residential building and the front property line of the lot or parcel and that extends the entire width of the lot or parcel. For purposes of this section, “paved driveway” shall mean a paved strip of land which meets all applicable zoning and building regulations of the city, which provides access from the street to a garage, carport or parking space and which has a single access point. The paved driveway may have two access points only if the driveway is semi-circular in nature. For purposes of this section, “parking space” shall mean a paved area within the front yard area which meets all applicable zoning and building regulations of the city and which is of sufficient size to be used for the express purpose of parking a vehicle;

(2) On a paved driveway surface when such parking or storage unreasonably prevents routine and useful access to a required garage parking space or other required parking space;

(3) On a paved driveway area when such parking or storage unreasonably obstructs the cross visibility of vehicle or pedestrian traffic and creates an unsafe condition or traffic hazard or when the vehicle or equipment projects over or onto the sidewalk or street;

(4) When stored directly on the ground and not upon a currently registered and operable vehicle, trailer or similar device designed to transport such vehicle or equipment;

(5) In an abandoned, inoperative, wrecked or dismantled condition;

(D) Attractive nuisances, (those objects which, by their nature and according to the law, may attract children or other curious individuals) including, but not limited to, hazardous pools, ponds, iceboxes, refrigerators, neglected machinery, excavations, stagnant water or abandoned wells;

(E) Storage or scattering over the property of any of the following:

(1) Debris, rubbish, rubble, construction debris, litter or trash which is not stored in trash receptacles or which is scattered and blowing onto adjacent public or private property;

(2) Abandoned, broken, wrecked, inoperable or discarded household or office furnishings, housewares, appliances, electronic equipment or devices, machines and tools or similar objects of equipment;

(3) Abandoned, broken, wrecked, inoperable or discarded personal affects, including, but not limited to, books, magazines, newspapers, papers, nicknacks, ornamental objects, clothing or similar articles;

(4) Outdoor storage of usable building materials for more than 180 days, except where construction or remodeling is occurring under a valid permit or as may be permitted by the zoning classification of the property. The material shall be stored in a neat and orderly manner so as not to create a health or fire hazard;

(5) Outdoor storage or scattering of cardboard, newspaper, magazines, scrap metal, tin, wire, aluminum, plastic or glass containers, except within approved refuse or recycling containers or as may be permitted by this code or the zoning classification of the property;

(6) Abandoned, inoperative, wrecked or dismantled vehicles or parts thereof in violation of § 8.04.010 of this code;

(7) Outdoor storage or scattering of materials, equipment or other items on residentially used property which is not typically associated with such use, which is inconsistent with the zoning classification of the property and which creates a fire hazard or health hazard or which is otherwise injurious or potentially injurious to the public health, safety and welfare;

(F) Packing boxes or similar storage containers which are stored in yards or unenclosed patios, porches, carports or storage units and which create a fire hazard or health hazard or which are otherwise injurious or potentially injurious to the public health, safety and welfare;

(G) Clotheslines or clothes hanging in front yard areas or on porches, balconies, fences, walls, trees, bushes or from any other device which is clearly visible from the public streets;

(H) Receptacles for refuse or recyclable materials stored in clear view of the street and on driveways or in the front yard area of a lot or parcel. For the purpose of this division (H), the “front yard area” shall mean any area of the lot or parcel that is between the front elevation of the residential building and the front property line of the lot or parcel and that extends the entire width of the lot or parcel;

(I) Excessive accumulation of grease, oil or other residues on paved or unpaved surface areas open to the public or when such material flows or seeps onto any public street, sidewalk or public property;

(J) Storage or the parking of buses, tow trucks, dump trucks, grading equipment, tractors, commercial trailers or coaches or any other commercial vehicle over 25 feet long, 8 feet high or 90 inches wide in a residential zone;

(K) To allow or permit graffiti to remain on any building, fence, wall, structure, sign or vehicle when visible to the public street, highway, right-of-way or public place for more than 48 hours. For the purpose of this section, “graffiti” means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any surface in violation of this code or other state or local law;

(L) Signs constructed, erected or maintained in violation of the provisions of Titles 15 or 17 of this code or an applicable specific plan ordinance;

(M) Unpaved or deteriorated driveways or parking lots that contain uneven surfaces, potholes, cracks, drainage problems or that are hazardous to the public health, safety and welfare;

(N) Any device, decoration, design, fence or structure which, by reason of its condition or its location, is injurious or potentially injurious to the public health, safety and welfare or has a tendency to degrade the appearance and property values of surrounding property;

(O) Maintenance of buildings, structures or premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code § 3480 or other applicable law.

(`78 Code, § 8.32.030.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

Whenever the Director of Planning or a Code Enforcement Officer determines that a nuisance, as defined by § 8.32.030, exists on any building, structure or property located within the city, he or she shall advise the property owner, lessee, agent, occupant or person having charge or control of the building, structure or property on which the nuisance is located of the nuisance and direct that the nuisance be abated. Except as provided for in § 8.32.140(B) of this code, the owner, lessee, agent, occupant or person having charge or control of the building, structure or property shall be notified of the existence of the alleged nuisance in writing served by personal delivery, first class mail or by registered or certified mail. The notification shall specify the violations and establish a reasonable abatement period.

(`78 Code, § 8.32.040.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

The owner, lessee, occupant or person having charge or control of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in § 8.32.040 by rehabilitation, repair, removal or demolition. The owner, lessee, occupant or person having charge or control of the building, structure or property shall advise the Planning Department of the abatement. Once so advised, the Department shall inspect the premises to insure that the nuisance has, in fact, been abated.

(`78 Code, § 8.32.050.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

If an alleged nuisance is not properly abated within the period established under the provisions of § 8.32.050, the owner, lessee, occupant or person having charge or control of the building, structure or property may be served with a written Notice of Intention to Abate Public Nuisance in accordance with §§ 8.32.070 and 8.32.090.

(`78 Code, § 8.32.060.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (Part), 1988.)

The Notice of Intention to Abate Public Nuisance described in § 8.32.060 shall demand that the owner, lessee, occupant or person having charge or control of the building, structure or property remedy or abate such public nuisance within a reasonable period of time which shall not be less than ten days. It shall also give notice of the time, date and place of a public hearing which shall be held by the Board of Zoning Adjustment to review the determination and abatement of the public nuisance. The public hearing shall be set for a date after the abatement period expires.

(`78 Code, § 8.32.070.) (Ord, 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

The Director of Planning, any Code Enforcement Officer of the city or a duly authorized representative or agent of the city may enter upon the building, structure or property for the purpose of posting or serving notice or for the purpose of investigating or abating a public nuisance.

(`78 Code, § 8.32.080.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

Service of Notice of Intention to Abate Public Nuisance, written orders of the Board of Zoning Adjustment or other items as required under this chapter shall be made by posting a notice in a conspicuous place on or in front of the building, structure or property in question, as well as by any one of the following methods:

(A) By personal service on the owner, lessee, agent, occupant or person in charge or control of the building, structure or property;

(B) By registered or certified mail addressed to the owner at the last known address of the owner. If there is no known address for the owner, the notice shall be sent to the property address. “Owner” as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls. If the property owner cannot be served by personal service or by mail, service by posting shall be sufficient;

(C) By any other means which is authorized or required by applicable law for such nuisance abatement actions.

(`78 Code, § 8.32.090.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

At the time and place stated in the Notice of Intention to Abate Public Nuisance, the Board of Zoning Adjustment shall receive, hear and consider all relevant evidence, objections, protests and testimony of owners, lessees, agents, occupants or persons in charge or control of the building, structure or property, as well as that of other witnesses, city personnel and interested persons relative to the alleged public nuisance and to any proposed abatement measures. The hearing may be continued from time to time.

(`78 Code, § 8.32.100.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

Following the public hearing, the Board of Zoning Adjustment shall consider all evidence and other matters noted in § 8.32.100 and shall determine whether the building, structure or property in question, or any part thereof, constitutes a public nuisance as alleged. If the Board finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the Board of Zoning Adjustment shall make a written order setting forth those findings and ordering the owner, lessee, agent, occupant or other person having charge or control of the building, structure or property to abate the nuisance by rehabilitation, repair or demolition in the manner and by the means specifically set forth in the Board of Zoning Adjustment order. The order shall set forth the time within which the abatement work shall be commenced and completed, and it shall state that if the nuisance is not abated within such time period, it will be abated by the city. The order shall also state that all costs of the city’s abatement efforts, including the abatement work, will be assessed upon the property on which the nuisance existed and will constitute a lien upon the property until paid.

(`78 Code, § 8.32.110.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

(A) Within five days following the Board’s decision, the owner, lessee, agent, occupant or person having charge or control of the building, structure or property shall be served with a copy of the written order of the Board of Zoning Adjustment in the manner provided in § 8.32.090.

(B) The order of the Board of Zoning Adjustment shall be effective for a one year period after issuance. During such period, the Board shall retain jurisdiction over the conditions of the building, structure or property which constituted the nuisance established by the Board’s order, as well as the abatement thereof, to ensure that the nuisance does not reoccur and that the building, structure or property is maintained in such a manner so as not to create a nuisance. If, during this one year period, the Director of Planning or a Code Enforcement Officer determines that the same or another nuisance, as defined by § 8.32.030, exists with respect to the building, structure or property, he or she may give notice to abate the nuisance, as provided in § 8.32.040, and establish a reasonable abatement period of no less than ten days. If the owner, lessee, agent, occupant or person having charge or control of the building, structure or property does not abate the nuisance at any time within the abatement period, the city may proceed with the abatement itself under the provisions of § 8.32.140 without further notice and without action of the Board of Zoning Adjustment. The city may also recover all of its abatement effort costs, as provided for in §§ 8.32.150 through 8.32.170.

(`78 Code, § 8.32.120.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

The property owner, lessee, agent, occupant or person having charge or control of the building, structure or property, may, at his or her own expense, abate the nuisance as prescribed by the order of the Board of Zoning Adjustment prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the representative of the Planning Department and has been abated in accordance with the order, current proceedings shall be terminated, except that the Board’s one year jurisdictional period shall continue.

(`78 Code, § 8.32.130.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

(A) If a declared nuisance is not completely abated by the owner, lessee, occupant, agent or person having charge or control of the building, structure or property within the time prescribed in the Board of Zoning Adjustment order, the Director of Planning, any Code Enforcement Officer of the city or any designated city official is authorized and directed to cause the nuisance to be abated by city forces or private contract. In furtherance of this section, the Director of Planning, any Code Enforcement Officer of the city or any designated representative or agent of the city is expressly authorized to enter upon the building, structure or property for the purpose of investigating or abating the nuisance.

(B) Notwithstanding any provisions of this chapter to the contrary, whenever the Code Enforcement Officer determines that a public nuisance is so imminently dangerous to life or property that such condition must be immediately corrected, the Code Enforcement Officer may institute the following procedures.

(1) Notice. The Code Enforcement Officer shall attempt to contact, through a personal interview or by telephone, the owner, lessee, agent or other person, if any, occupying or otherwise in real or apparent charge or control thereof. In the event contact is made, the Code Enforcement Officer shall notify such person(s) of the danger involved and require that such condition be removed, repaired, isolated or otherwise abated, within a reasonable period of time under the circumstances, so as to prevent the immediate danger to life or property.

(2) Abatement. In the event the Code Enforcement Officer is unable to make contact as hereinabove noted, or if the appropriate person(s), after notification by the Code Enforcement Officer, fail to abate the condition within the time frame specified by the Code Enforcement Officer, then the Code Enforcement Officer may, with the approval of the Director of Planning, take all steps deemed necessary to remove, repair, isolate or otherwise abate such condition immediately and without further notice so as to prevent the immediate danger to life or property.

(3) Costs. The Code Enforcement Officer shall keep an itemized account of all costs incurred by the city in its abatement efforts. The costs may be recovered pursuant to this chapter or by any other means provided for by law.

(`78 Code, § 8.32.140.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

(A) The Director of Planning, the Code Enforcement Officer or such other city official as may be designated shall keep an account of all costs incurred by the city in abating nuisances on each separate lot or parcel of land where the work is done and shall render a written itemized report to the Board of Zoning Adjustment. Costs shall be defined in § 1.08.022 of this municipal code. Before the report is submitted to the Board of Zoning Adjustment, a copy of the same shall be served in accordance with the provisions of Cal. Gov’t Code § 38773 and § 8.32.090, together with a notice of the time, date and place when the Board of Zoning Adjustment shall hold a public hearing for confirmation of the correctness and reasonableness of the costs. The notice shall also indicate that the building, structure or property may be sold after three years by the Tax Collector for unpaid delinquent assessments. A copy of the report and notice shall be posted for at least three days prior to its submission to the Board of Zoning Adjustment on or near the door to the City Council chambers.

(B) The Board of Zoning Adjustment shall set the matter for hearing to determine the correctness and reasonableness of the costs.

(`78 Code, § 8.32.150.) (Ord. 2855 § 3, 2006; Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

At the time and place fixed for receiving and considering the cost report, the Board of Zoning Adjustment shall receive, hear and consider the report, together with any other relevant evidence, objections, protests or testimony. Thereupon, the Board of Zoning Adjustment may make such revision, correction or modification to the report as it may deem just after which, by motion, the report, as submitted or as revised, corrected or modified, shall be conformed.

(`78 Code, § 8.32.160.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

The total cost for the city’s abatement efforts, as confirmed by the Board of Zoning Adjustment, may be recovered as a special assessment or lien as provided fro in §§ 1.08.021 and 1.08.022 or in any other manner allowed by applicable law.

(`78 Code, § 8.32.170.) (Ord. 2855 § 4, 2006; Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

(A) Any owner, lessee, occupant, agent or other person having charge or control of any such buildings, structures or property, who maintains any public nuisance defined in this chapter and who fails to comply with the Order of Abatement served as provided in § 8.32.090 is guilty of a misdemeanor.

(B) Any owner, lessee, occupant, agent or other person having charge or control of any such buildings, structures or property, who causes or maintains any public nuisance defined in § 8.32.030(A) through (O) of this code, who allows such a nuisance to continue or who neglects to comply with a Notice of Intent to Abate Public Nuisance is guilty of an infraction. Each day such condition continues shall be regarded as a new and separate offense in accordance with § 1.08.025 of this code.

(C) Any person who removes or causes the removal of any notice or order posted as required in this chapter for the purpose of interfering with the enforcement of the provisions of this chapter is guilty of a misdemeanor.

(D) Any person who obstructs, impedes or interferes with any representative of the city or with any person who owns, leases, occupies or has charge or control over any building, structure or property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter is guilty of a misdemeanor. Any person who assists in or causes such prohibited activities shall also be guilty of a misdemeanor.

(`78 Code, § 8.32.180.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

Whenever any person is aggrieved by any final order of the Board of Zoning Adjustment issued pursuant to § 8.32.110, or by any confirmation of a cost assessment pursuant to § 8.32.160, the person may appeal the order or confirmation pursuant to Chapter 1.09 of this Code. In addition and notwithstanding the provisions of § 1.09.040, the appellant shall be responsible for all costs of such appeal. All costs and expenses incurred by the City for and during such appeal shall be an authorized incidental expense subject to this chapter, including, but not limited to, § 8.32.150.

(`78 Code, § 8.32.190.) (Ord. 2883 § 12 (part), 2007; Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

To the extent permitted by applicable law, any owner, lessee, occupant or other interested person having any objections to, or feeling aggrieved by, any action of the hearing officer taken on appeal under the provisions of this chapter must bring an action to contest such decision within 30 days after the date of the decision of the hearing officer. Otherwise, all objections to such decision shall be deemed waived.

(`78 Code, § 8.32.200.) (Ord. 2883 § 12 (part), 2007; Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)

Nothing in this chapter shall be deemed to prevent the city from taking any other action available to it under applicable law to abate a nuisance or enforce this chapter, including, but not limited to, issuing criminal citations pursuant to § 8.32.180 or otherwise commencing a civil or criminal proceeding as an alternative to the proceedings set forth herein.

(`78 Code, § 8.32.210.) (Ord. 2408 § 1 (part), 1999; Ord. 1898 § 1 (part), 1988.)