§ 22.34 — Diamond Bar Zoning Code

Sec. 22.34.030. - Single-family standards. ¶

(a)

Storage in front yard/side yard abutting a street.

(1)

The entire front yard visible from an adjacent street or sidewalk shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative vehicles, dismounted camper bodies, discarded or broken materials, appliances, equipment or similar materials.

(2)

Emergency or minor repairs to a motor vehicle owned by a person residing upon the parcel may be conducted on a vehicle upon a paved driveway or paved parking area. Repair shall be concluded within ten consecutive days of the commencement thereof or up to 30 days at the discretion of the director.

(3)

Interior side yards and side yards abutting a street shall be maintained in a clean and orderly manner.

(b)

Vehicle parking.

(1)

Parking of vehicles, including recreational vehicles, on a single-family parcel shall occur within a garage, or carport, or upon a driveway or other allowed paved parking area. If parked on a side yard, an open pedestrian walkway at least 36 inches in width shall be maintained on one side yard for public safety access purposes.

(2)

No person shall park or store a commercial vehicle, commercial trailer or related commercial equipment for a period in excess of 72 hours. No more than two commercial vehicles or trailers may be parked on a parcel at any one time.

(c)

Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.), peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re-roofing a structure, the entire roof shall be completed. All re-roofing shall be uniform in material and color or match existing except as approved by the director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure.

(d)

Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards.

(1)

The standards contained in this section shall apply to an exposed surface which forms an incline that has a ratio of 10:1 (horizontal:vertical) or greater.

a.

Slopes adjacent to a public highway shall be maintained in a neat and clean manner, free of weeds and debris. A public highway shall include local streets, the entire width of every highway including all portions dedicated for highway purposes, such as the sidewalks, parkways and roadways. Said slopes shall be irrigated seasonally or at intervals sufficient to ensure survival and growth of slope plant material. Plant material shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion control methods shall be utilized to maintain slope stability. Walls, fences and/or slope plant material shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or other vermin, or attains such growth as to become a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. Failure to maintain said slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to section 22.34.070.

(e)

Fence and wall maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration, peeling paint, loose boards, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure.

(f)

Temporary erosion control. Sandbags and other temporary erosion control measures may be utilized for a maximum of one year. Sandbags and other erosion control material and devices shall be maintained in good condition and replaced as necessary. After one year, a permanent solution shall be pursued.

(g)

Maintenance of paved driveway and similar areas. All paved surfaces visible from an adjacent street or sidewalk shall be kept and maintained so as not to detract from the appearance of adjacent properties. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of standing water, oil stains, cracks exceeding one-half inch in width, lifting exceeding one-half inch, and/or broken areas.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 22, 11-6-01; Ord. No. 04(2001), § 1, 11-20-01; Ord. No. 06(2003), 12-2-03; Ord. No. 04(2012), § 11, 4-17-12)

Sec. 22.34.040. - Multifamily standards.

(a)

Storage yards.

(1)

The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction materials, automotive parts, trash, refuse, debris, trash storage receptacles, inoperative motor

vehicles, recreational vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, trash and debris shall be kept within approved trash enclosures.

(2)

Emergency or minor repairs of a motor vehicle owned by a person residing upon the parcel may be conducted on a motor vehicle upon a paved driveway. Repair shall be concluded within ten consecutive days of the commencement thereof or a maximum of 30 days as approved by the director.

(b)

Storage in garages and carports. No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, debris, inoperative motor vehicles, camper shells not mounted on motor vehicles or boats and trailers shall be permitted within a garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces.

(c)

Motor vehicle parking.

(1)

All parking of motor vehicles, including recreational vehicles, shall occur only within a garage, carport, or upon a driveway or other paved parking area that is in compliance with the parking requirements of this Development Code.

(2)

No person shall park or store a commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles shall be parked on a parcel at any one time.

(d)

Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re-roofing a structure, the entire roof shall be completed. All re-roofing shall be uniform in material and color or match existing except as approved by the director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure.

(e)

watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards.

(1)

The standards contained in this section shall apply to an exposed surface which forms an incline that has a ratio of 10:1 (horizontal:vertical) or greater.

a.

slopes in the manner described is declared unlawful and a public nuisance endangering the health, safety and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to section 22.34.070.

(f)

Fence and wall maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.), peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure.

(g)

Maintenance of parking and similar areas. Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept and maintained so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below.

(h)

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 23, 11-6-01; Ord. No. 04(2001), § 2, 11-20-01; Ord. No. 06(2003), 12-2-03)

Sec. 22.34.050. - Commercial standards.

(a)

Storage in yards. Storage within front, side, and rear yard areas approved in compliance with this Development Code shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business.

(b)

Motor vehicle parking.

(1)

Parking of motor vehicles shall occur on paved parking areas in compliance with chapter 22.30 (Off-Street Parking and Loading Standards).

(2)

No person shall park or store any commercial vehicle, trailer or related equipment for a period in excess of 72 hours. No more than two commercial vehicles may be parked on any parcel at any one time.

(c)

Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re-roofing a structure, the entire roof shall be completed. All re-roofing shall be uniform in material and color or match existing except as approved by the director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure.

(d)

(1)

The standards contained in this section shall apply to an exposed surface which forms an incline that has a ratio of 10:1 (horizontal:vertical) or greater

(e)

Fence and wall maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration, peeling paint, graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall be removed within 72 hours by the owner/occupant of the structure.

(f)

(g)

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 24, 11-6-01; Ord. No. 06(2003), 12-2-03)

Sec. 22.34.060. - Industrial standards.

(a)

(b)

Motor vehicle parking.

(1)

Parking of motor vehicles shall occur on paved parking areas in compliance with chapter 22.30 (Off-Street Parking and Loading Standards).

(2)

(c)

Structure maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.) peeling paint, graffiti or other types of damage or deterioration shall be repaired as soon as possible. When re-roofing a structure, the entire roof shall be completed. All re-roofing shall be uniform in material and color or match existing except as approved by the director in cases of emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure.

(d)

(1)

The standards contained in this section shall apply to an exposed surface which forms an incline that has a ratio of 10:1 (horizontal:vertical) or greater

a.

and general welfare of the public and detrimental to the surrounding community and shall be abated pursuant to section 22.34.070.

(e)

(f)

(g)

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 25, 11-6-01; Ord. No. 06(2003), 12-2-03)

Sec. 22.34.070. - Abatement procedures.

(a)

Public nuisance and nuisance per se.

(1)

The authority to abate and impose sanctions. Enforcement of this chapter shall be accomplished by the director in any manner authorized by law. The procedures identified in this chapter shall not be exclusive and shall not, in any manner, limit or restrict the city from enforcing other ordinances or abating public nuisances in any other manner provided by law. Whenever the director determines that any condition exists in violation of this chapter, the officer shall take appropriate enforcement action in compliance with this chapter. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law.

(2)

Written notice. Whenever the director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a nuisance exist, the director shall prepare a notice and

order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of property, to be notified in writing of the existence of the condition and/or require an appearance before the director at a stated time and place to show why the condition should not be abated by the city at the person's expense. The notice and order to abate the determined public nuisance shall contain the following information:

a.

The street address and a legal description sufficient for identification of the property on which the condition exists;

b.

A statement that the director has determined that a public nuisance is being maintained on the property with a brief description of the conditions which render the property a public nuisance;

c.

An order to secure all appropriate permits and to physically commence, within a certain time from the date of service of the notice and order, and to complete within that reasonable and established time and date, the abatement of the described conditions;

d.

A statement advising that the disposal of any material involved in public nuisances shall be conducted in a legal manner;

e.

A statement advising that if the required work is not commenced within the time specified, the director will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the property;

f.

A statement advising that a person having an interest or record title in the property may request consideration of the notice and order or any action of the enforcement within ten days from the date of service of the notice and order; and

g.

A statement advising that the notice and order will be recorded against the property in the office of the county recorder.

(b)

Manner of notice. The notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required in compliance with subsection (a)(2) above at the address of the violation as it appears on the latest equalized assessment roll of the county, or as known to

the director. The address of owners shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing the notice.

The failure of the director to make or attempt service on a person required in this chapter to be served shall not invalidate any proceedings hereunder as to any other person duly served. Service by mail, in compliance with this chapter, shall be effective on the date of mailing. The failure of any person entitled to receive notice shall not affect the validity of any proceedings taken under this chapter. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

At the time the notice and order is served, the director shall file in the office of the county recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and that the owner has been so notified. The director shall file a new certificate with the county recorder that the nuisance has been abated whenever the following actions occur:

(1)

Corrections ordered have been completed so that a public nuisance no longer exists on the subject property as described in the original certificate;

(2)

The notice and order is rescinded upon appeal; or

(3)

Whenever the city abates the nuisance and the abatement costs have been paid.

(c)

Extension of time to perform work. Upon receipt of a written request from any person required to comply with the order, the director may grant an extension of time within which to complete the abatement, if the director determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The director shall have the authority to place reasonable conditions on any extensions.

(d)

Hearing. The director may set a date, time and place to hear any relevant evidence concerning the existence of the alleged public nuisance and the question of whether the expense of abating the public nuisance, if determined to exist, should be made a lien on the property.

If, at the conclusion of the hearing, the director is satisfied that the condition exists and concludes that it should be abated at the expense of the landowner, the director shall advise the person in writing in the same manner as provided in subsection (b), above. The notice shall also inform the landowner of the right of appeal as provided in subsection (h), below. In the event any person given notice of hearing, as shown by the evidence of mailing, should fail to appear at the hearing, then the evidence available to the director shall be sufficient evidence of the existence of facts in support of the conclusion.

(e)

Request for reconsideration. Any person aggrieved by the action of the director in issuing a notice and order in compliance with this chapter may request a hearing before the council in compliance with subsection (h), below. If no appeal is filed within the time prescribed, the action of the director shall be final.

(f)

Council hearing. A request for a council hearing shall be made in compliance with the following provisions:

(1)

Hearing on director's decision. Any person entitled who is dissatisfied with a public nuisance determination of the director may request a hearing before the council within seven days from the date of mailing of the decision of the director. The written request shall be filed with the department.

(2)

Request for hearing. The request for a council hearing shall specify the following:

a.

The legal description and street address of the property;

b.

The determination that is the basis of the hearing request;

c.

The person's legal interest in the property;

d.

A statement of disputed and undisputed facts; and

e.

A signed verification of the truth of all stated matters.

(3)

Processing of requests for hearings. Requests for hearings shall be processed in the following manner:

a.

Upon the timely filing of a request for a hearing, the director shall place the matter on a regular meeting of the council scheduled to be held not less than 30 days after the appeal is received;

b.

The council may reverse or modify the decision of the director and/or remand the matter to the director for further consideration. If the council does not take any action reversing, modifying and/or remanding of the

decision of the director within 30 days after the filing of the request for a hearing, the director's action on the matter shall be final and conclusive. Notice of a final determination shall be sent in the same manner as after the director's determination.

(g)

Abatement of nuisance(s). If the nuisance is not completely abated by the owner as directed within the abatement period, the city shall immediately cause the same to be abated by city personnel or private contract and the personnel or persons under contract are expressly authorized to enter upon the subject premises for these purposes. The owner of the premises shall be liable to the city for all costs of abatement, including all administrative and inspection costs.

(h)

Proceedings for abatement of imminently dangerous public nuisances. Whenever the director determines that a public nuisance is so imminently dangerous to life or adjacent property that the condition shall be immediately corrected, or isolated, the following procedures shall be instituted:

(1)

Personal interview. The director shall attempt to make contact through a personal interview, or by telephone with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control of the subject property. In the event contact is made, the director shall notify the person(s) of the danger involved and require that the condition be immediately removed, repaired or isolated to preclude harm to any person or property;

(2)

Removal of the dangerous condition(s). In the event the director is unable to make contact, or if the appropriate persons, after notification by the director, do not take action as specified by the officer, within the time frame requested, then the director may, with the approval of the city manager, take all steps deemed necessary to remove or isolate the dangerous condition(s), with the use of city personnel or a contractor retained in compliance with the provisions of the Municipal Code; and

(3)

Account of the costs. The director shall keep an itemized account of the costs incurred by the city in removing or isolating the condition(s). These costs may be recovered in the same manner that abatement costs are recovered, in compliance with this chapter.

(i)

Costs of inspection. Whenever a public nuisance as defined in this chapter is found to exist as a result of the inspection, the reasonable costs for the inspection, as set by the council's fee resolution, shall be paid by the landowner.

(j)

Assessment of costs against real property. The following provisions shall apply:

(1)

Cost assessment. The director, personnel or persons who abate the nuisance shall keep an account of the cost of abatement. The personnel or persons shall submit an itemized written report showing the costs to the director for transmittal to the council.

(2)

Hearing on assessment. The city clerk shall set the report and account for hearing by the council at the first regular meeting which will be held at least seven days after the date of filing, and shall post a copy of the report and account and notice of the date, time and place of the hearing in a conspicuous place. The owner who is affected by the report and account shall be served a notice containing the date, time and place of the hearing.

(3)

Tax lien. The council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or interested person may present a written or oral protest or objections to the report and account. The council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. In compliance with state law (Government Code §§ 25845 and 38773.5), the total costs of abatement, including all administrative costs, shall constitute a special assessment against the subject parcel. After the assessment is made and confirmed, it shall become a lien on the subject parcel.

(4)

Cost report. After confirmation of the report, a certified copy shall be filed with the county auditor on or before August 10th of each year and the auditor shall be requested to enter the amounts of the respective assessments on the county tax roll.

(5)

Special assessment. The special assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes.

(6)

Refunds. The council may order refunded all or part of an assessment paid in compliance with this chapter, if it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the city clerk on or before December 1st after the assessment becomes due and payable. The claim shall be verified by the person who paid the assessment, or the responsible administrator, executor or guardian.

(k)

Enforcement. Enforcement of the provisions of this chapter shall be in compliance with chapter 22.78 (Enforcement).

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.36. - SIGN STANDARDS