Delano Municipal Code Ch. 7.32 Property Maintenance

The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations of this Code related to its use or condition. The owner of such property, building or structure is separately liable for violations of this Code committed by tenants or occupants relative to the use or condition of the property.

(Ord. No. 2020-1319, § 6(Exh. A), 10-8-2020)

It is unlawful and is declared a public nuisance 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 exist thereon:

A. Any building or structure which has been partially destroyed for at least six months to the extent of more than twenty-five percent of the value of the building as it appears on the current tax assessor's roll, or left in an unreasonable state of partial construction. For purposes of this chapter, "left in an unreasonable state of partial construction" means left, after initiation of construction, for a period of one year or more without completion of a phase warranting an initial building inspection or without completion of a successive phase warranting a subsequent building inspection under Title 14 of this Code, where the appearance or other conditions of said unfinished building or structure substantially detracts from the appearance of the immediate neighborhood.

B. Any doorway, window or other opening into a vacant structure not closed or maintained by means or materials approved by the building director.

C. Any broken window constituting a hazardous condition and facilitating trespass or malicious mischief, or constituting a shelter for vagrants or criminals or enabling persons to resort thereto for the purpose of committing unlawful acts.

D. Any building exterior, wall, fence, driveway, sidewalk or walkway which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defected as to substantially detract from the appearance of the immediate neighborhood.

E. Any attractive nuisance, including abandoned, broken or neglected machinery or equipment, pool, pond or excavation found to be dangerous to children.

F. Lumber (excluding stacked firewood for use on the property and lumber for a project on the property initiated within ten days of delivery), junk, trash, debris or salvage materials visible from a public right-of-way or neighboring properties. This section applies only to residential property that is zoned R(1), R-A, R-1-5, R-2, R-3, R-4.

G. Abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other household fixture or equipment visible from a public right-of-way.

H. Any fill dirt containing pieces of concrete, asphalt or rubbish or any fill dirt brought to the property or excavated from the property and not wetted and compacted in accordance with the requirements of Chapter 70 of the Uniform Building Code and graded within eighteen inches of the adjacent grade within thirty days of delivery or excavation.

I. Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Health and Safety Code § 17920.3, and any future amendments thereto.

J. Any building, structure, or use of real property that violates or fails to comply with:

1. Any applicable approval, permit, license, or entitlement or condition relating thereto.

2. Any ordinance of the city, including, but not limited to, any provision of this Code.

3. Any applicable county, state, or federal law or regulation

(Ord. 892 (part), 1989).

(Ord. No. 2020-1319, § 6(Exh. A), 10-8-2020)

It is unlawful and declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city to permit, with actual knowledge or upon notice pursuant to this article, any of the following activities to habitually occur on the property:

A. The illegal sale, use, cultivation or possession of controlled substances or other illegal drugs and substances.

B. The gathering, or coming and going, of people who engage in any criminal activity on the premises including, but not limited to, the purchase or use of controlled substances.

C. The occurrence of prostitution.

D. The making or continuing, or causing to be made and continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing on the property or in the area. The standards set forth in Delano Municipal Code chapter 9.36 shall be utilized in determining whether a violation of this subsection exists.

E. The unlawful discharging of a firearm or brandishing of a weapon by any person.

F. The frequent response by the Delano Police Department to the real property or the adjacent area including public property or common areas of an apartment complex or condominium development (but not the real property of another) as a result of any person or persons causing any combination of the following calls as indicated in the City of Delano Police Department Incident Code Identifier:

1. Animal disturbances, including but not limited to competitive fighting between animals.

2. Violent or non-violent criminal acts, charged or not, including, but not limited to rapes, assaults, battery, homicides, shootings, identity theft, fraud, possession of stolen property, burglary, and theft.

3. Illegal consumption of intoxicants in public view.

4. Gaming activities.

5. Juvenile or domestic disturbances, excluding domestic violence calls for service.

"Frequent" as used in this subsection means such response is occurring more than 1.50 times than the average number of such responses for property of a similar size and character.

G. The presence of graffiti or other defacing words, letters, or drawings, trash and debris on the property for a forty-eight-hour period. Unless the specific individuals responsible for the graffiti, trash or debris can be identified, violation of this subsection is citable to the property owner and/or property manager and/or home owner's association only.

H. The illegal sale, use, or possession of firearms.

I. The harboring, boarding, or concealing of a person for which there exists an outstanding warrant for arrest.

J. The illegal subletting and/or subdividing of dwelling units in violation of building codes and occupancy standards.

(Ord. No. 2020-1319, § 6(Exh. A), 10-8-2020)

A. The city through its duly authorized agents or representatives shall enforce the provisions of this chapter.

B. Any person convicted for a violation of any section of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars or six months in jail, or both.

C. For each day that a violation exists, it shall constitute a separate offense.

D. Any violation of this chapter may be enforced by any of the following non-exclusive procedures:

1. Institution of legal action by the city attorney.

2. By issuance of administrative citations with civil penalties as provided in Delano Municipal Code Chapter 1.08.

3. By abatement.

(Ord. 892 (part), 1989).

(Ord. No. 2020-1319, § 6(Exh. A), 10-8-2020)

It shall be the duty of the city through its duly authorized agents or representatives to serve or cause to be served a notice upon the person or corporation person or corporation owning, leasing, occupying or having charge or possession of the property or adjacent public right-of-way on which a violation of the provisions of this chapter exist and to demand the abatement of the nuisance within ten days. Notice shall be deemed complete when deposited in the United States mail, by registered or certified mail, to the person or corporation at the address which appears on the official records of the County of Kern, or on the assessment list of the county or of the city, or upon the person or corporation occupying the property. If no one is in occupancy, and if no address is available from the above sources, then notice is complete when posted in a place visible to the public upon the property. Within five days of the date of mailing the notice under this subsection, the owner, lessor, or occupant shall provide a copy of the notice to all other responsible parties.

(Ord. 892 (part), 1989).

(Ord. No. 2020-1319, § 6(Exh. A), 10-8-2020)

If the person or corporation so served does not abate the nuisance within ten days, the city may proceed to abate such nuisance, keeping an account of expenses of the abatement, such expenses shall be charged and paid for by such owner or occupant, together with administrative costs as determined by the city council.

(Ord. 892 (part), 1989).

Upon request by the owner of the property received by the building director within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the public nuisance and the assessment of the administrative costs and the costs of removal of the public nuisance against the property on which it is located.

(Ord. 892 (part), 1989).

If the owner of the land submits a sworn written statement denying responsibility for the presence of the public nuisance on his land within a ten-day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten days before the hearing to the owner of the property. If such a request for a hearing is not received within the ten days after the mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the public nuisance without holding a public hearing.

(Ord. 892 (part), 1989).

All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. The city council shall not be limited by the technical rules of evidence. The owner of the property may appear in person at the hearing or present a sworn statement in time for consideration at the hearing, and deny responsibility for the presence of the public nuisance, with his reasons for such denial.

(Ord. 892 (part), 1989).

The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the public nuisance if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that it was indeed a public nuisance on the property and order the same removed from the property and determine the administrative costs and the costs of removal to be charged against the owner of the property.

(Ord. 892 (part), 1989).

If it is determined at the hearing that the public nuisance was placed on the property without the consent of the owner of the property and that he has not subsequently acquiesced in its presence, the city council shall not assess the costs of administration or removal of the public nuisance against the property upon which the public nuisance is located or otherwise attempt to collect such costs from such owner of the property.

(Ord. 892 (part), 1989).

If the owner of the property submits a sworn, written statement denying responsibility for the presence of the public nuisance on his land but does not appear, of if an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the city council's decision.

(Ord. 892 (part), 1989).

Five days after the city council order affirming that there is a public nuisance on the property or five days from the date of mailing of notice of decision, if such notice is required by Section 7.32.100, the public nuisance may be abated and removed by the city through its duly authorized agents or representatives.

(Ord. 892 (part), 1989).

If the administrative costs and costs of removal which are charged against the owner of the property are not paid within thirty days of the date of the order, such costs shall be assessed against the parcel of land, the assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessment.

(Ord. 892 (part), 1989).

If any condition in this chapter is found to cause an immediate danger to the health or safety to the public then the city has the right to abate and remove such condition without having to follow the procedures guidelines as set out in this chapter.

(Ord. 892 (part), 1989).

This chapter is not the exclusive regulation of public nuisances within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction herein.

(Ord. 892 (part), 1989).