Daly City Municipal Code Art. I General

The ordinance codified in this chapter shall hereafter be referred to and cited as the "Property Maintenance and Nuisance Abatement Ordinance" of the city.

(Ord. 1196 § 2 (part), 1994)

The purpose and intent of the regulations contained herein are as follows:

A. To define as public nuisances and violations of this chapter 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 establish guidelines or procedures for the correction of property maintenance violations and nuisances that afford due process and procedural guarantees to affected property owners and tenants; and

D. To provide proper authority guidelines, regulations, administration and enforcement for the implementation of the purposes and intent of this chapter.

(Ord. 1196 § 2 (part), 1994)

As used in this chapter:

"Administrative appeal or hearing board" means the body designated to conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance, the abatement of which is appropriate under the police power of the city.

"Backyard" means that portion of property between a building and the back property line.

"Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.

"City" means the city of Daly City.

"City manager" means the city manager or his or her duly authorized representative.

"Code enforcement officer" means that individual employed by the city of Daly City whose primary responsibility is enforcement of this chapter; and, coordination of the administrative hearing board and code enforcement task force activities. A code enforcement officer, for the purpose of enforcing provisions of this code, shall also include a code enforcement inspector, building inspector, fire safety inspector, street and sidewalk inspector, water/wastewater inspector, engineering inspector and a police officer.

"Driveway" means the paved accessway between the street and the garage or carport, a maximum of twenty feet in width.

"Front yard" means that portion of property between the street and a building.

"Owner" and "property owner," as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, renting, occupying or having charge or possession of any property in the city to and including any person identified as owning property as shown on the last equalized assessment roll.

"Person" means any individual, partnership, corporation, association, or other organization, however formed.

"Property" means any real property, or improvements thereon, as the case may be.

"Public nuisance" includes anything which is declared by the city council to be or likely to become injurious to 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 property, or unlawfully obstructs the free passage 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 Section 8.16.030 shall not be deemed exclusive.

"Side yard" means that portion of property between a building and the side property line.

"Visual blight" means any unreasonable or unlawful condition or use of premises or of building exterior which by reason of its appearance as viewed at ground level from public street or from neighboring premises, is detrimental to the property of others.

(Ord. 1279 § 1, 2000: Ord. 1196 § 2 (part), 1994)

It is a public nuisance for any person owning, leasing, occupying or having charge of any property within the city to maintain such property in such manner that any one or more of the following conditions or activities are found to exist:

A. Land, the topography, geology or configuration of which whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, silting of the city storm drain system or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the city stormwater system, public health, safety and welfare or to adjacent properties;

B. Buildings or other structures which are vacant or abandoned for more than one hundred twenty days and which are a blight, have windows or doors boarded; or which are partially destroyed, deteriorated, partially constructed or allowed to remain unreasonably in a state of partial construction;

C. The failure to close and secure against unauthorized entry by means acceptable to the city, all doorways, windows and other openings into vacant structures;

D. Building exteriors, walls, fences, driveways, curbs, gutters, sidewalks, walkways and parking areas which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes an unsafe condition, interference with public convenience, 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:

1. Likely to harbor rats, vermin and other nuisances,

2. Causing detriment to neighboring properties,

3. Causing or adding to a fire hazard, or

4. Flammable or potentially flammable vegetation, debris or other combustible growth including, but not limited to grass, weeds, and brush over twelve inches in height on steep or hillside terrain and gorse plants of any size.

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, or

3. Causing or adding to a fire hazard;

H. Attractive nuisance dangerous to children in the form of:

1. Abandoned and broken equipment, vehicles, furniture or appliances,

2. Hazardous pools, ponds, construction sites and excavations,

3. Neglected machinery;

I. 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 a fire hazard or safety hazard and/or are stored or accumulated in such a manner as to constitute visual blight or to be visible from a public street, alley or adjoining property;

J. Garbage, trash, debris cans, yard waste containers and recycling containers stored in front or side yards and visible from public streets or sidewalks other than as permitted by Sections 8.12.140, 8.12.150 and 8.14.080 of this code;

K. Packing boxes, lumber, trash, dirt and other debris deposited for any 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; or sign structures having no sign present for more than ninety days;

N. Maintenance of property in such conditions 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 Civil Code Section 3479 or by Civil Code Section 3480;

O. Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

P. Any property maintained in such a manner as to result in substantial pooled-oil accumulation, oil flowing onto public rights-of-way, or excessive accumulations of grease or oil on paved surfaces, buildings, walls or fences;

Q. Property maintained so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

R. Any automobile service station which is closed, vacant or inoperative for a period exceeding sixty days is declared to be a public nuisance. "Inoperative" is defined as the failure to sell gas, either retail or wholesale, during the sixty-day period;

S. 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 and constitute a hazardous condition shall be deemed a public nuisance including, but not limited to: tanks for gas or liquid, lateral support structures and bulkheads, utility high-voltage towers and poles, utility highrise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, highrise 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;

T. 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 of 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.

Abandoned vehicles enforcement proceeding is treated in more detail in Chapter 10.64 of the code, and such proceeding is an alternative to, or in conjunction with, the proceedings set forth in this chapter;

U. Obstruction or encroachment of any public property, including but not limited to any public street, public alley, highway, right-of-way, park, building, or other land dedicated to public use;

V. Causing, maintaining or permitting graffiti:

1. To remain on exterior walls or facades of commercial property, or interior and exterior walls, doors and other common areas of commercial property, multi-unit residential buildings, fences, walls or other structures of whatever nature; or

2. To remain upon the exterior of motor vehicles, vans or trucks which are parked on public streets or driveways or are otherwise visible to the public;

W. Storage or use 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;

X. The use in any residential zoning district or residential 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;

Y. Stacking or storage of any combustible material, including but not limited to wood, firewood, and any material which would increase or may cause an increase of the hazard or menace of fire in the front yard or side yards;

Z. Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on property which, in the opinion of the code enforcement officer, constitutes visual blight;

AA. Any discharge of nonstorm water to the city storm sewer system in violation of Daly City Municipal Code Title 14 as issued and amended by the city council, and NPDES Permit No. CA0029921 as issued and amended by the San Francisco Bay Regional Water Quality Control Board;

BB. Any violation of the Daly City zoning ordinance, Daly City Municipal Code Title 17; to and including violations of the Daly City sign ordinance (Chapter 17.32), the home occupation permit provisions of the Daly City zoning ordinance (Chapter 17.36), and the off-street parking and loading provisions of the Daly City zoning ordinance (Chapter 17.34);

CC. Any violation of the standards, regulation or codes for buildings and construction adopted by the city as set forth in Title 15 of this code;

DD. Any violation of Chapter 6.32 of this code, relating to animals;

EE. Any pay phone, vending machine or similar device that is accessible from the public right-of-way on public or private property and which creates or contributes to a public nuisance by:

1. Remaining in an inoperative state or is a visual blight for over thirty days,

2. Encouraging and attracting vandalism, littering or graffiti,

3. Creating or contributing to any other public nuisance or crime;

FF. Automobile dealers, repair or accessory shops of any type, or employees thereof, which do any of the following relating to the business:

1. Use the public street or sidewalk to store inoperable, wrecked or abandoned vehicles or components thereon,

2. Store customer vehicles on the street or sidewalk in various stages of repair or awaiting repair,

3. Perform painting, cleaning, washing or repairs of any type to vehicles, or parts thereof, on the street or sidewalk,

4. Store or display vehicles, or parts thereof, which are for sale, on any street or sidewalk;

GG. Any violation of Chapter 9.23 of the Daly City Municipal Code.

(Ord. 1279 § 2, 2000: Ord. 1231 § 3, 1996; Ord. 1225 § 1, 1996; Ord. 1196 § 2 (part), 1994)

All property or any condition(s) found to be in violation of the foregoing Section is declared to be a public nuisance and shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. 1196 § 2 (part), 1994)

Whenever the code enforcement officer, a police officer or such other city official as may be designated by the city manager determines that any property or condition within the city is being maintained contrary to one or more of the provisions of Section 8.16.030, (s)he shall give written notice to the owner and/or tenant of said property stating the sections being violated. Such notice shall set forth a time period for correcting or abating the violation(s) which shall set forth a reasonable time limit, in no event less than ten calendar days for correction of the violation(s), and may also set forth reasonable methods of correcting the same.

(Ord. 1196 § 2 (part), 1994)

In the event an owner shall fail, neglect or refuse to comply with the notice to correct a violation (notification of nuisance of Section 8.16.050), the code enforcement officer may refer the violation to the city attorney for legal action, including the institution of a civil or criminal proceeding to achieve compliance, as an alternative to the administrative appeal committee process set out in the sections below.

(Ord. 1196 § 2 (part), 1994)

In the event an owner shall fail, neglect or refuse to comply with the notification of nuisance of Section 8.16.050, the code enforcement officer may seek compliance through the administrative appeal committee process as set forth in Article II of this chapter in addition to, or as an alternative to any other remedy allowed by law or by this chapter.

(Ord. 1196 § 2 (part), 1994)

In the event an owner shall fail, neglect or refuse to comply with the notification of nuisance of Section 8.16.050, the code enforcement officer may seek compliance through abatement, physical security of the property or demolition by directing this matter directly to the city council as set forth in Article III of this chapter in addition to, or as an alternative to any other remedy allowed by law or by this chapter.

(Ord. 1196 § 2 (part), 1994)