§ 19.48

A.

Purpose. This Chapter sets forth comprehensive minimum maintenance standards for structures, yards, land, landscaping, facilities, and equipment for the purpose of protecting the health, safety, and welfare of the public, and helping to preserve property values.

B.

Applicability. The provisions of this Chapter shall apply to all private and public property within the City of Duarte. Property maintenance standards shall apply to all development, whether constructed before or after the effective date of this Chapter.

In the event of any inconsistency between this Chapter and any other provisions of this Development Code or other sections of the Municipal Code, including Chapter 9.32 (Property Maintenance-Nuisances) or in the event that this Chapter conflicts with laws of the State or other City ordinances, the higher standard - the standard that provides for a higher level of property maintenance - shall prevail, unless otherwise specified. This Chapter shall supplement and be an addition to the other relevant regulatory codes, statutes, and ordinances enacted by the City of Duarte, State of California, or any other legal entity or agency having jurisdiction.

19.48.030 - General maintenance provisions.

A.

General. All properties within the City shall be kept and maintained in a clean, neat, orderly, operable, and usable condition that is safe both to occupants and passersby. This requirement applies to structures, portions of structures, paving, fences, walls, landscaping, water, earth, and any other structure or natural feature.

B.

Prohibition on attractive nuisances. Any property which can be easily accessed by children must be kept clear of attractive nuisances that create a danger for children and other persons, including but not limited to abandoned, neglected, or broken equipment or vehicles, machinery, appliances, refrigerators or freezers; construction materials and construction equipment; and hazardous pools, ponds, and excavations.

C.

Structure maintenance. All structures and paved areas shall be kept and maintained in a manner so as to not detract from the appearance of surrounding properties, and that protects the health, safety and welfare of the user, occupant, and the general public. All such structures and paved areas shall be deemed substandard and in violation of this Chapter when such structures or paved areas display evidence of dilapidated conditions including, but not limited to, the following:

1.

Faulty, sagging, or leaking roof and roofs, missing roof tiles, or other visible roofing materials;

2.

Substantial areas of deteriorated structure siding materials including, but not limited to, dry rot, termite infestation, dented or rusting metal siding, broken or missing pieces of stucco, or other siding materials;

3.

Broken or missing windows;

4.

Inadequate site drainage and/or standing water adjacent to structure foundations;

5.

Broken or inoperable sanitary and plumbing facilities and/or fixtures;

6.

Broken or missing foundation;

Broken, torn, or missing attic vent screens;

8.

Broken, ripped, or torn window screens;

9.

Structural defects such as warped, bowed or sagging structural members including, but not limited to, headers, sills, beams, eaves, doorways, door jambs, and similar structural or architectural elements;

10.

Holes in siding areas;

11.

Weathered or peeling paint.

D.

Fencing and walls. All fences and walls shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood or district, and that protects the health, safety, and welfare of the user, occupant, and general public. Fences and walls shall be deemed substandard and in violation of this Chapter when they display evidence of dilapidation or other conditions, such as any or all of the following:

1.

Sagging, broken, rotted, or defective support posts or other structural members;

2.

Missing or broken fence boards;

3.

Damaged or missing blocks from a block wall;

4.

Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas;

5.

Chain link fence material which is damaged or broken;

6.

Portions of the fence or wall which are substantially defaced with graffiti;

7.

Any condition of deterioration or any fault resulting in the fence or wall being structurally unsound or otherwise hazardous to property owners, occupants, or passersby;

8.

Height extensions of walls or fences in violation of this Development Code.

E.

Litter and refuse. All yards, landscaped areas, and other areas of private property surrounding structures shall be kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, broken or discarded furniture, boxes, salvage materials, shopping carts, and other such material and equipment which, by its appearance, location or use, makes it incompatible with the principal use or other predominate principal uses in the immediate neighborhood.

F.

Private streets, sidewalks, and driveways.

1.

All parking, loading, storage, driveway, and vehicle maneuvering shall be kept and maintained so as to not detract from the appearance of surrounding properties, and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of inoperative vehicles, abandoned items, trash, debris or rubbish, furniture, equipment, play equipment, or similar materials, and free of potholes, sinkholes, standing water, cracks, and/or broken areas.

2.

Parking spaces delineation, pavement striping and related features, and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged, or destroyed to such an extent as to no longer be effective. Further, such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below such areas.

3.

When any paved area, which includes sidewalks, driveways, and private roadways, shows evidence of dilapidated or deteriorated conditions, it shall be deemed substandard and in violation of this Chapter.

G.

Landscaping and vegetation.

1.

All landscaped areas shall be kept and maintained in a manner that does not detract from the appearance of the surrounding properties, and that protects the health, safety, and welfare of the user, occupants, and general public.

2.

Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area.

3.

Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy, growing condition. Irrigation systems shall be kept in good working condition and repair so as to prevent leaks or public health hazards.

4.

Vegetative overgrowth shall not be permitted in a manner that is likely to harbor rodents, vermin, insects, or other nuisances; or impede, obstruct, or deny pedestrian or other lawful travel on sidewalks, walkways or other public rights-of-way.

H.

Maintenance responsibility.

1.

It shall be the responsibility of any owner of any structure, residence, property, grounds or lots to ensure or compel compliance with the property maintenance standards set forth in this Chapter.

2.

It shall be the responsibility of any owner, tenant, lessee, or occupant of any structure, residence, property, grounds or lots to remove debris and remove any vegetation that is in violation of this Chapter that has accumulated on any streets within the City, if such person(s) placed the debris on such private property or streets, or otherwise owns, is occupying, or has custody or control over such private property or streets.

Chapter 19.50 - PERFORMANCE STANDARDS

Sections: