Exeter Municipal Code Ch. 8.24 Property Maintenance

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State Law reference— For statutory provisions authorizing cities to declare nuisances by ordinance, see Gov. Code §38771.

It is unlawful for any person, firm or corporation to maintain property including structures in a condition detrimental to the public health, safety or general welfare, or in any condition of deterioration or disrepair which could cause damage to proximal properties or improvements.

(Ord. 525 §1(part), 1993)

It is unlawful and a misdemeanor to maintain property or premises conducive to creating a public nuisance in violation of this chapter or to refuse to abate such nuisance when ordered to do so by the city administrator or his/her designee in accordance with the abatement provisions of this chapter or state law where such is applicable. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

A. Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed one thousand dollars and or six months imprisonment in the county jail.

B. Any person convicted of an infraction under this chapter shall be punished by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of this chapter within one year; and (3) a fine not exceeding five hundred dollars for each additional violation of this chapter within one year.

C. Each year that a violation continues shall be regarded as a new and separate offense.

(Ord. 525 §1(part), 1993)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city administrator or his/her designee. In the enforcement of this chapter the administrator or his/her designee may enter upon private or public property to examine such properties and to abate or cause the abatement of properties or premises declared to be a nuisance pursuant to the provisions of this chapter.

(Ord. 525 §1(part), 1993)

For the purpose of this chapter, the terms below shall mean the following:

A. "Abate" means to repair, replace, remove, demolish or otherwise remedy the condition in question by such means and in such manner and to such an extent as the administrator or his/her designee in his/her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.

B. "Abatement standards" means those minimum requirements set forth by the city administrator by which a public nuisance shall be abated and the premises maintained in order to comply with the provisions of this chapter.

C. "Premises" means all property, lots, parcels or real estate, portion of any land, adjacent sidewalks, parking strips, the abutting half of any street or alley between lot lines, buildings, structures, landscaping, plantings, trees, bushes, fences, and the exterior storage of personal property, equipment, supplies and vehicles.

D. "Public nuisance" means any of the following conditions:

1. To maintain premises in a condition detrimental to public health, safety or general welfare; or

2. To maintain premises as to permit the same to become unsightly or in such condition of deterioration or disrepair that could cause damage to proximal properties or improvements; or

3. The existence of any buildings or structures which are structurally unsafe or which constitute a fire hazard or which are otherwise a danger to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire or disaster damage, rodent infestation or abandonment; or

4. The existence of any debris or structure which has been rendered useless or unmerchantable by reason of fire; or

5. The existence of any garbage or rubbish upon any premises contrary to the provisions of Chapter 8.04 of Title 8 of this Municipal Code pertaining to health and safety; or

6. The existence of any buildings which are abandoned or boarded up or partially destroyed; or broken down or discarded furniture or conglomerations of toys in front yards; or overgrown green vegetation visible to the public; or garbage cans strewn over the yards and visible from the street; or unfinished buildings, not under active construction; or dead trees, weeds and debris; or packing boxes stored in yards and visible to the public; or deliberate neglect of premises to spite neighbors or influence zone changes; or

7. Any other condition or use of property which is in fact a fire hazard or which results or can result in the impairment of the ability of the fire department to respond to and suppress fires;

8. The existence of any accumulation of waste paper, hay, grass, straw, weeds, litter, debris or combustible trash upon any roof or in any building, entrance way, court, yard, vacant lot or open space, or of any weeds, grass, vines or other growth when the same endangers property or is liable to become a fire hazard;

9. The existence of any vines or climbing plants growing into or over the street, tree or any public hydrant, pole or electrolier; or the existence of any shrub, plant or vine growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department;

10. Any other condition or use of property which is in fact a fire hazard or which results, or can result in the impairment of the ability of the fire department to respond to and suppress fires.

E. "Responsible person" means the owner, occupant or tenant, or in the absence of the occupant or tenant, the owner, lessee or proprietor or any other person who creates, causes, commits or maintains a nuisance on any property within the city.

(Ord. 525 §1(part), 1993)

A. All premises, buildings, or structures declared to be such public nuisances and ordered to be abated shall be abated by rehabilitation, demolition, removal or repair pursuant to the procedures set forth in this code with the concurrence of the city administrator.

B. Any building declared a public nuisance under this chapter either shall be repaired or rehabilitated in accordance with current codes as adopted by the city, or other applicable laws, or shall be demolished if such building has not been repaired or rehabilitated in compliance with the procedures set forth herein. If the structure is in such condition as to make it immediately dangerous to life, limb, property or safety of its occupants or the public, it shall be ordered to be vacated.

C. Where the city administrator determines that any conditions constituting a public nuisance as defined in Section 8.24.040(D) of this Code exist upon any premises within the city, the city administrator may require, or provide for, the abatement thereof pursuant to this chapter and may make the cost of such abatement a lien on the real property or premises in question and a personal obligation of the property owner.

(Ord. 525 §1(part), 1993)

A. The city administrator is authorized and directed to declare that the existence of any of the conditions set forth in Section 8.24.040(D) constitute a public nuisance and direct the responsible person to abate any conditions set forth in Section 8.24.040(D) which may exist on the person's property. The responsible person may appear before the city administrator for a hearing at an arranged time and place to show cause why such conditions should not be abated by the city at such person's expense.

B. Hearings must occur prior to the expiration of the time period set forth in the notices as provided by Section 8.24.070. The notice shall be mailed to the responsible persons of real property which is, or may be, in violation of Section 8.24.010.

C. The notice required pursuant to this section shall be substantially in the following form:

APN NO.________

TO THE PROPERTY OWNER:

NOTICE IS HEREBY GIVEN, that on the _____ day of _____, 19___, pursuant to Section 8.24.060 of the Municipal Code of the city of Exeter, the city of Exeter declares that one or more of the conditions set forth in Section 8.24.040(D) of said Municipal Code exist(s) on your property and thereby constitute(s) a public nuisance and said nuisance must be abated by repair, rehabilitation, demolition or removal of said condition(s).

Repair or removal of said conditions must be completed and maintained by the _____ day of ________, 19___, in accordance with the standards of the current codes as adopted by the city of Exeter or other standards required by law.

Failure to abate said conditions by the date specified above shall result in the city acquiring jurisdiction to abate the conditions at the responsible person's expense pursuant to Section 8.24.100 of the Exeter Municipal Code.

Any person who wishes to object to the proposed abatement of the conditions cited in this Notice is hereby notified that they have the right to attend a hearing at an arranged time and date with the City Administrator to be held at 137 North "F" Street, Exeter, California. A hearing may be requested and must be scheduled prior to the date specified above. Sufficient cause must be shown why said conditions should not be abated.

THE FAILURE OF ANY OWNER OR OTHER PERSON TO RECEIVE THIS NOTICE SHALL NOT AFFECT THE ENFORCEMENT OF THIS ORDINANCE.

D. A copy of this notice shall be sent to the owner of the premises and may also be sent to any other of such persons sought to be charged with the responsibility of abatement as determined by the city administrator or his designee. The notice shall be sent by mail, postage prepaid, and addressed to the owner as such person's name and address appear on the last equalized assessment roll of the county of Tulare or as known to the city administrator or his designee or other person authorized to give such notice.

E. The notice to any other person to be charged with the responsibility of abatement shall be sent by mail, postage prepaid and addressed to such person as his/her name and address are shown to the city administrator or the person authorized to give notice.

(Ord. 525 §1(part), 1993)

A. Responsible persons who, through their inaction have caused the city to have their nuisance abated are deemed to have committed a misdemeanor pursuant to Section 8.24.020 and are subject to a fine or fines and/or imprisonment.

B. In addition to such fines and/or imprisonment, any costs incurred for such abatement will constitute a special assessment on the property and a personal obligation of the responsible person. The cost of abating such nuisance shall include a per parcel charge to cover the cost of administering this chapter. Section 8.24.130 provides that after the assessment is made and confirmed, it is a lien on the property.

C. Any property owner, or other responsible person, who after notification by the city administrator fails to abate a condition as set forth in Section 8.24.040(D) shall become liable for the expenses of fire suppression, including injury to firefighters which is determined to have been caused by or attributed to the conditions. Such expenses shall become a lien on the property and a personal obligation of the property owner or other responsible person.

(Ord. 525 §1(part), 1993)

Any structure determined to be a public nuisance by the city administrator under this chapter and found to be in such a condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants shall be ordered to be vacated. A notice to vacate in addition to being served a notice in accordance with Section 8.24.060 of this chapter, shall be posted or affixed upon each exit of the structure and shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building

or to remove or deface this notice

CITY OF EXETER

No person shall remain in or enter any structure which has been so posted, except that entry may be made to repair, demolish or remove such structure under permit.

(Ord. 525 §1(part), 1993)

A. If any party requests a hearing prior to the date provided in the notice of public nuisance as provided in Section 8.24.060, such requests shall be granted and a hearing shall be set by the city administrator who shall hear and consider any and all objections to the proposed abatement of such conditions, and may continue the hearing as necessary. The city administrator shall have the opportunity to respond to any such objections. At the conclusion of the hearing, the city administrator shall rule on all such objections. Unless an appeal is sought as provided hereinafter, in cases where the city administrator overrules any objections, the city shall be deemed to have acquired jurisdiction to proceed and perform the work necessary to abate conditions causing such nuisance if such property owner or other responsible person fails to abate the nuisance on or before the date set forth in the notice. Any property owner or other responsible person who fails to appear at the hearing and present objections shall be deemed to have waived the right to present any such objections and the city shall thereafter have jurisdiction to proceed and perform any work necessary to abate the conditions causing such nuisance upon the expiration of the time allowed in the notice to the property owner. Hearing must be scheduled prior to the date specified in the notice.

B. Within five days following the date of the decision by the city administrator as provided for in Section 8.24.090(A), the decision may be appealed to the city council by the responsible party. An appeal may be made on a form prescribed by the city administrator and shall be filed with the city clerk. The appeal shall state specifically wherein it is claimed there was an error or a breach of discretion by the city administrator or wherein the decision is not supported by the evidence and the record. Within five days of filing of an appeal, the city administrator shall transmit to the city clerk any information which the city administrator has used in making a decision in the hearing provided for in Section 8.24.090(A). The clerk shall then give notice to the responsible party and may give notice to any other interested party of the time and when the appeal will be considered by the city council.

C. The city council may affirm, reverse or modify a decision of the city administrator on the proposed abatement. The decision of the city council shall be final and conclusive. In cases where the city council overrules objections to the proposed abatement, the city shall be deemed to have acquired jurisdiction to proceed and perform the work necessary to abate the conditions causing such nuisance.

(Ord. 525 §1(part), 1993)

Upon the expiration of the time period set forth in the notice pursuant to Section 8.24.060, the city shall acquire jurisdiction to abate any such condition constituting a nuisance pursuant to Section 8.24.040(D) which has not been abated by the responsible person in question or which has been deemed to constitute a nuisance in the course of the hearing process set forth above. Whenever the city has acquired jurisdiction to abate such a nuisance, the city administrator is expressly authorized to enter upon private property for purposes of abating such conditions and the costs thereof shall be charged as provided for in Section 8.24.070 of this chapter.

(Ord. 525 §1(part), 1993)

The city administrator shall keep an account of the cost of abating such nuisance and shall embody such account in the report and assessment list which shall be filed with the city clerk and presented to the city council. The allowable cost of abating such nuisance shall include a charge sufficient to cover the costs of administering this chapter. The report and assessment list shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the charge proposed to be assessed against each such separate lot or parcel.

(Ord. 525 §1(part), 1993)

The city clerk shall post a copy of such report and assessment list at City Hall, together with the notice of filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation. The notice shall advise property owners that they may appear at the time and place of hearing and object to any matter related thereto. A like notice shall also be mailed to each and every property owner and/or other responsible person who owns or has control of any lot or parcel listed on said report. The notice shall be sent by first class mail to the property owner at the address appearing on the last equalized assessment roll of the county of Tulare or to the last known address of the enforcement officer. Notice shall be sent by first class mail to any other such responsible person at such person's last address known to the city administrator or his designee.

(Ord. 525 §1(part), 1993)

After confirmation of the report and assessment list by the city council, a copy shall be provided to the city finance department and payments may be received by him/her for the amount due until such time as the matter is referred to the county auditor for placement on the tax rolls. On or before the tenth day of August of each year, a certified copy of the confirmed report shall be filed with the Tulare County auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The assessments may be collected on the tax roll at the same time and in the same manner as municipal taxes. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy collection and enforcement of city taxes are made applicable to such special assessments, and the lien of such assessment shall have priority of the taxes with which it is collected.

(Ord. 525 §1(part), 1993)

The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition.

(Ord. 525 §1(part), 1993)

When the city administrator has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of weeds, rubbish, litter and/or unsafe buildings declared to be a public nuisance pursuant to this chapter.

(Ord. 525 §1(part), 1993)

Notwithstanding the foregoing, the city administrator may provide for the summary abatement of any nuisance at the expense of the responsible person who creates, causes, commits or maintains the nuisance and may recover the charges therefor in accordance with Section 8.24.070 of this Code.

(Ord. 525 §1(part), 1993)

Any property owner or other responsible person, who after written notification by the city administrator fails to abate a condition constituting a public nuisance as set forth in Section 8.24.050 shall become liable for the expenses of fighting a fire which is determined by the fire department to have been caused by or attributed to, in whole or part, the condition constituting such a public nuisance. Such expenses shall be charged to the property owner and/or other responsible person and shall become a lien upon the property and be collected as provided in Section 8.24.110 through Section 8.24.130 inclusive.

(Ord. 525 §1(part), 1993)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the city may seek treble the cost of the abatement.

(Ord. 525 §1(part), 1993)