Del Rey Oaks Municipal Code Ch. 8.28 Property Maintenance

Sections 8.28.010 through 8.28.200 of the Municipal Code shall hereafter be referred to and cited as the "Property Maintenance Ordinance" of the city.

(Ord. 232 § 1 (part), 1995)

The city council finds and determines as follows:

A. This chapter was developed based upon the firm belief that the current and future values and the general health, safety and welfare of the community are affected significantly by the appearance and maintenance of real property and property values, and that implementation of this chapter will avoid further deterioration of neighborhoods and will be of benefit to the community as a whole.

B. There are currently existing within the city real properties that are in a state of deterioration or disrepair as to cause a depreciation of the value of surrounding property or to be materially detrimental to nearby properties and improvements.

C. The uses and abuses of real properties, whether improved or unimproved, as described in Section 8.28.040, reasonably relate to the proper exercise of the police power of the city to protect the health, safety and general welfare of its residents. The provisions of this chapter, enforced in the manner described herein, are intended to enhance the appearance and value of such properties rather than place an undue burden on the owners thereof.

(Ord. 232 § 1 (part), 1995)

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

A. To define as public nuisances and violations of this code those conditions which constitute visual blight and 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; and

C. To establish guidelines for the correction of property maintenance violations and nuisances that afford due process and procedural guarantees to affected property owners.

(Ord. 232 § 1 (part), 1995)

It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by the city code:

A. Buildings which are abandoned, partially destroyed, or left in an unreasonable state of partial construction. "An unreasonable state of partial construction" is defined as any unfinished building or structure which has been in the course of construction two years or more, and where the appearance or other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property value in the immediate neighborhood;

B. Buildings which are not painted or in which the condition of the paint, or the condition of the building, has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation as to render the building unsightly and in a state of disrepair;

C. Building exteriors, walls, fences, driveways, 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 depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements;

D. 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 and/or are stored or accumulated in such a manner as to be visible from a public street, alley or adjoining property;

E. Any front yard areas which lack appropriate turf or plant material so as to cause excessive dust, the accumulation of debris, or depreciated values of adjacent properties and neighborhood;

F. Maintenance of property so out of harmony or conformity with the maintenance standard of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties; and

G. Maintenance of property 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 Civil Code § 3480.

(Ord. 232 § 1 (part), 1995)

All property found to be in violation of Section 8.28.040 is declared to be a public nuisance and shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth herein. 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. 232 § 1 (part), 1995)

The terms "owner" and "property owner," as used in this chapter, and unless otherwise required by the context, shall mean the owner or owners of record of real property as shown on the latest equalized assessment roll of Monterey County, or as otherwise known to a city official by virtue of more recent or reliable information.

(Ord. 232 § 1 (part), 1995)

Whenever the city manager or such other city official as may be designated by the city manager determines that any property within the city is being maintained contrary to one or more of the provisions of Section 8.28.040, he/she shall give ten days' written notice to the owner of the property stating the sections being violated. Such notice shall set forth a ten-day time period for correcting the violation(s) and may also set forth reasonable methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 8.28.100.

(Ord. 232 § 1 (part), 1995)

In the event an owner shall fail, neglect or refuse to comply with the notice to correct a violation, the city manager may refer the violation to the city attorney for legal action, including the institution of a civil or criminal proceeding to achieve compliance. The city attorney may, if deemed appropriate, seek compliance through referral to the city council pursuant to Section 8.28.090.

(Ord. 232 § 1 (part), 1995)

A. In the event an owner shall fail, neglect or refuse to comply with the notice to correct a violation, the city manager may seek compliance through an administrative process, in addition to, or as an alternative to any other remedy allowed by law.

B. Upon any such referral, a hearing shall be set to conduct an administrative review to ascertain whether the violation constitutes a public nuisance, the abatement of which is appropriate under the police power of the city.

C. Notice of said hearing shall be served upon the owner in accordance with the provisions of Section 8.28.100 and shall be served upon the said property owner not less than 14 days before the time fixed for said hearing.

(Ord. 232 § 1 (part), 1995)

A. Notice shall be given by delivering a written notice personally to the owner(s) of the property upon which the nuisance is located, or by depositing such notice in the United States mail, postage prepaid and addressed to the owner(s) thereof at his/her last known address as the same appears on the last equalized assessment roll of the county. In the event a notice to remove is also given to the person(s) in possession or control of the property, such notice shall be given in either manner specified in this chapter and may be addressed to "occupant" or "to whom it may concern," if the name of such person(s) is not known.

B. The person giving such notice shall file a copy thereof in the office of the city manager, together with an affidavit or certificate stating the time and manner in which such notice was given. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this chapter.

(Ord. 232 § 1 (part), 1995)

Notice of hearing before the city council shall be substantially in the format set forth below:

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the City Council of the City of Del Rey Oaks to ascertain whether certain property situated in the City of Del Rey Oaks, State of California, known and designated as (address) in said City and more particularly described as (legal description) constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings or structures situated thereon. If such property, in whole or in part, is found to constitute a public nuisance as defined in this ordinance and if the same is not properly abated by the owner, such nuisances may be abated by municipal authorities, in which the cost of such rehabilitation, repair or demolition will be assessed upon such property and such costs will constitute a lien upon such property until paid.

Said alleged conditions constituting a public nuisance consist of the following: (description of conditions).

The methods of abatement available are: (description of methods).

All persons having an interest in said matters may attend said hearing when their testimony and evidence will be heard and given due consideration.

DATED this _____ day of ________, 19__.

(Ord. 232 § 1 (part), 1995)

A. At the time stated in the notice, the city council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such property. Said hearing may be continued from time-to-time.

B. If the council finds that such public nuisances do exist and that there is sufficient cause to rehabilitate, demolish or repair the same, it shall prepare a resolution of findings and order of abatement, which shall include reference to the right of appeal.

(Ord. 232 § 1 (part), 1995)

A copy of the resolution of findings and order of abatement of the city council shall be served upon the owners and other individuals entitled to notice in accordance with the provisions of Section 8.28.100, and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such property rehabilitated or to have such buildings or structures demolished or repaired in accordance with the resolution and at the owner's own expense; provided, the same is commenced prior to the expiration of a 30-day abatement period and thereafter diligently and continuously prosecuted to completion. Upon abatement in full by the owner, the proceedings hereunder shall terminate.

(Ord. 232 § 1 (part), 1995)

A. If the nuisance is not abated as ordered within the abatement period, the city manager may cause the same to be abated by city employees or private contract. The city manager and the city manager's agents and representatives are expressly authorized to enter upon the property for such purposes. The costs, including incidental expenses, or abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter.

B. The term "incidental expenses" shall include, but not be limited to:

1. An administrative charge established by resolution of the city council;

2. The costs of the hearing by the city council;

3. Personnel costs, both direct and indirect, including attorney's fees;

4. Costs incurred in documenting the nuisance, including the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work; and

5. The costs of printing and mailing required notices and documents hereunder.

(Ord. 232 § 1 (part), 1995)

The city manager, or the designated representative, shall keep an accounting of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition or repair of the property, including any salvage value relating thereto; provided, that before the report is submitted to the city council, a copy of the same, together with a notice of the time when the report shall be heard by the city council for confirmation, shall be served upon the owner(s) of the property in accordance with the provisions of Section 8.28.100 at least ten days prior to submitting the same to the city council. At the time fixed for hearing, the city council shall consider the accounting and such objections as may be offered against it, whereupon it shall modify, amend or confirm the same as submitted; provided, it may continue such hearing from time-to-time.

(Ord. 232 § 1 (part), 1995)

A. Pursuant to Government Code §§ 38773 and 38773.5, unless paid in full within 15 days following the date of adoption of the council resolution confirming the assessment, the total cost for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

B. After such confirmation and recordation, a copy shall be forwarded to the tax collector for the county whereupon it shall be the duty of said tax collection to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land and thereafter the amounts shall be collected at the same time and in the same manner as other property taxes are collected, and shall be subject to the same penalties and the same procedures under foreclosure and sale in case of delinquency as provided for ordinary property taxes; or after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN (Claim of the City of Del Rey Oaks)

Pursuant to the authority vested by the provisions of § 8-973 of the Del Rey Oaks Municipal Code, the City Manager of the City of Del Rey Oaks did on or about the day of _____, 19 __, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Del Rey Oaks did on the day of _____, 19 __, assess the cost of such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $ _____: and the same shall be a lien upon said real property until the same has been paid in full and discharged or record.

The real property hereinabove mentioned, and upon which a lien is claimed is that certain parcel of land lying and being in the City of Del Rey Oaks, County of Monterey, State of California, and particularly described as follows: (legal description).

Dated this _____ day of ________, 19__.

(Ord. 232 § 1 (part), 1995)

Whenever any condition on or use of property causes or constitutes, or reasonably appears to cause or constitute, an imminent immediate danger to the health and safety of the public, or a significant portion thereof, the city manager shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a lien on the property and be collectible as provided in this chapter.

(Ord. 232 § 1 (part), 1995)

Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth in this chapter.

(Ord. 232 § 1 (part), 1995)

Nothing contained herein shall be deemed to impose any duty or liability upon the city, its officers or employees for failure to abate a public nuisance, nor to relieve the owner of any private property of the duty to keep his property free from those conditions constituting a public nuisance or to abate said conditions upon notice by the city.

(Ord. 232 § 1 (part), 1995)

No person shall remove any notice or order posted as required in this chapter. No person shall obstruct, impede or interfere with any representative of the city or with any person who owns or holds any estate or interest in the building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed or with any person to whom such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the city, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

(Ord. 232 § 1 (part), 1995)