El Centro Municipal Code Div. 1 Generally

The city council of the city of El Centro finds and determines as follows:

(a) That the values and general welfare of this city are founded, in part, upon strict enforcement of building and zoning regulations, well-kept properties and upon the appearance and maintenance of properties and property values.

(b) That certain detrimental conditions, as hereinafter set forth, are injurious or potentially injurious to the public health, safety and welfare of the community by contributing to the problems of, and the necessity for, expenditures for protection against hazards, diminution of property values, prevention of crime, accidents, fires, and disease, and the preservation of the community in a manner which is not offensive to the senses and which does not interfere with the comfortable enjoyment of life and property.

(c) That the regulation of property as described herein reasonably relates to the proper exercise of the police power to protect the health, safety and welfare of the public and that unless corrective measures are undertaken to alleviate some present property conditions, the socio-economic standards of this community will be depreciated.

(d) That the abatement of such detrimental conditions will enhance the appearance and the values of neighboring properties and will benefit the use and enjoyment of properties in the city.

(Ord. No. 90-9, § 3)

(a) It is not intended by this article to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city is a party.

(b) The purpose of this article is to provide minimum standards for the maintenance of property in the city.

(c) Where this article imposes a greater restriction upon property or structures thereon than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this article shall control.

(d) It is the decision of the city council that abatement of nuisances pursuant to this article may be performed by contract awarded by the city council on the basis of competitive bids let to the lowest responsible bidder pursuant to California Public Contract Code sections 20164, 20166, 20167, and 20170 to 20174 inclusive. In such event the contractor shall keep the account and submit the itemized written report for each separate parcel of land required by section 18-70.15.

(Ord. No. 90-9, § 3; Ord. No. 99-8, § 1, 12-1-99)

Every owner, lessee, occupant, or person having charge of property within the city shall maintain such property in a manner so as not to violate the provisions of this article, and such owner, lessee, occupant, or person having charge of property remains liable for violations hereof regardless of any contract or agreement with any third party regarding such property. The duty imposed by this section on a property owner shall in no instance relieve those persons herein referred to from the similar duty.

(Ord. No. 90-9, § 3)

For the purpose of Divisions 1, 2, 3, 3.1 and 4, the following shall be deemed to have the meaning respectively ascribed to them in this section:

Assistant community development director: The assistant community development director of the City of El Centro or his/her designee acting in the capacity of a city building official as referenced in the California Building Code.

Board or board of appeals: The appeals board of the City of El Centro utilized for the administration and enforcement of the uniform codes of the city.

Building: Any structure used or intended for supporting or sheltering any use or occupancy.

City manager: The city manager or his designee.

Driveway: The access between the street and a garage or carport.

Fire code official: Whenever the words "chief of the bureau of fire prevention" are used in the California Fire Code, they shall mean the employee appointed and designated by the city manager as the fire code official and who is responsible for fire prevention.

In front of which the nuisance exists: Includes to the rear of or abutting the property upon which the nuisance exists.

Nuisance abatement officer or code enforcement officer: The officer, employee, or other person designated by the city manager pursuant to authorization by the city council, to perform the responsibilities described in Divisions 1, 2, 3, 3.1, and 4 of this article. The terms "nuisance abatement officer" and "code enforcement officer" are interchangeable when used in this article.

Street: Includes public street, alley, lane, court or other place.

Street superintendent: The director of public works, his assistants and deputies, or other public officer designated by the city council to perform the duties imposed by Division 3.1 of this article upon the director of public works.

Weeds: Weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.

Yard, front: An open unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot.

Yard, rear: An open unoccupied space on the same lot with the building between the rear line of the building and the rear of the lot and extending the full width of the lot.

Yard, side: An open unoccupied space on the same lot with the building situated between the building and the side line of the lot extending from the front yard to the rear yard.

(Ord. No. 90-9, § 3; Ord. No. 99-8, § 2, 12-1-99; Ord. No. 13-12, § 1, 4-2-13)

(a) Weeds which bear seeds of a downy or wingy nature.

(b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property.

(c) Weeds which are otherwise noxious or dangerous.

(d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

(e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

(Ord. No. 99-8, § 3, 12-1-99)

The following acts and conditions when performed or existing upon any lot or parcel of land within the city are hereby declared to be unlawful and an infraction and are hereby defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare, which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way:

(a) Dead, decayed, diseased or hazardous trees, shrubs, weeds and other vegetation constituting an unsightly appearance, a danger to public safety and welfare or a detriment to nearby property or property values, including when by their size, manner of growth of location they may reasonably be deemed to constitute a fire hazard.

(b) Overgrown vegetation likely to harbor rats, vermin and other nuisances or causing detriment to neighboring properties or property values.

(c) Any obstacle, landscaping or object installed or maintained in violation of this Code. Permanent buildings, constructed or maintained in accordance with applicable building and zoning regulations, public utility poles or trees trimmed at the trunk at least eight (8) feet above the ground surface shall not be classified as nuisances.

(d) Water contained in a swimming pool, pond or other body, excepting publicly maintained canals, which is unfiltered, unattended, abandoned or not otherwise maintained, resulting in pollution of the water. Contaminants include but are not limited to, algae or bacterial growth, animal remains, refuse, waste, rubbish and any other foreign material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

(e) Storage or scattering over the property and visible from the public right-of-way or adjacent private property or which constitutes a fire, health or safety hazard any of the following:

(1) Debris, rubbish or trash, including, without limitation, rubbish as defined in Chapter 12 of this Code, containers, cartons, boxes and barrels.

(2) Abandoned, broken, wrecked, inoperable or discarded household furnishings, appliances, machines and tools, or similar objects or equipment.

(3) Discarded building materials, machinery or parts thereof, other pieces of metal or similar objects or materials.

(f) Vehicles, recreational vehicles, trailers, boats, and other mobile equipment parked or stored in front yards, excluding driveways, for more than twelve (12) hours in any seven-day period. Such equipment, however, shall be permitted to be parked or stored in a back yard or a side yard immediately adjacent to the driveway, provided the area is within an enclosed area not visible from the public right-of-way or adjacent property, does not constitute a fire, health or safety hazard and is not in violation of any other provision of this Code.

(g) Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to an of the following conditions:

(1) Buildings or structures which are not completely erected within a reasonable time and for which the permit for such construction has expired.

(2) Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements or which are boarded up by a method or materials not approved by the city community development department.

(3) Broken windows constituting hazardous conditions.

(4) Faulty weather protection including, without limitation, crumbling, cracked, missing, broken or loose exterior plaster or other siding, roofs, foundations or floors, broken or missing windows or doors, or unpainted surfaces causing dry rot, warping, or termite infestation.

(5) Fences or walls which are in a hazardous condition or which are in disrepair, or which hinder free access to public sidewalks.

(h) Clotheslines or clothes hanging in front yard areas.

(i) Garbage cans stored in front or side yards and visible from public streets for a period of more than twenty-four (24) hours.

(j) Billboards, any type of sign, sign structure or portable display surface, not in conformance with Chapter 22.1 of this Code.

(k) Toxic materials, hazardous waste, waste oil, gasoline or chemicals that are improperly or unlawfully stored.

(l) The accumulation of dirt, litter, or debris in vestibules, doorways or adjoining sidewalks of commercial or industrial buildings.

(m) The accumulation of packing boxes, lumber, trash, dirt and other debris outside commercial buildings and visible from public streets.

(n) Unpaved or deteriorated parking lots containing uneven surfaces, drainage problems that are hazardous to the public.

(o) Attractive nuisances (those objects which by their nature, may attract children or other curious individuals) including, without limitations, abandoned and broken equipment, ice boxes, refrigerators, freezers, stoves, neglected machinery, and unprotected or hazardous pools, ponds or excavations, excepting publicly maintained canals.

(p) Maintenance of premises in such condition as to be detrimental to public health, safety or general welfare or in such a manner as to constitute a public nuisance as defined in Civil Code section 3480, excepting publicly maintained canals.

(q) Surfaces containing graffiti as defined in Article VII of this chapter.

(Ord. No. 90-9, § 3; Ord. No. 94-8, § 2; Ord. No. 13-12, § 2, 4-2-13)

(a) The city manager shall have authority to designate, by written order, particular officers or employees as a code enforcement officer. The code enforcement officer shall have the authority to do all acts necessary to enforce the provisions of this article as well as other provisions of this Code as set forth in an order of the city manager.

(b) The code enforcement officer is hereby authorized by the city council, pursuant to sections 836.5 and 119(d) of the California Penal Code and subject to the provisions thereof, to arrest a person without warrant whenever the code enforcement officer has reasonable cause to believe that the person to be arrested has violated a provision of this article or such other section of this Code which he/she has been authorized by the city manager to enforce, in the code enforcement officer's presence or fails to correct a violation and therefore has committed an infraction which the code enforcement officer has the discretionary duty to enforce.

(c) The code enforcement officer is further authorized by the city council to issue a "Notice To Appear" and to release such person on his or her written promise to appear in court, pursuant to sections 853.5 and 853.6 of the California Penal Code. Under no circumstances may the code enforcement officer take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before the magistrate or refuses to provide his or her written promise to appear in court, the code enforcement officer must either summon an El Centro police officer, explain the situation, and request that the police officer arrest the person and take the person into custody, or seek assistance of the city attorney, and request that an infraction complaint be prepared and filed against the person.

(Ord. No. 90-9, § 3)