Fairfield Municipal Code Art. III Specification

(a) Violations of this chapter may be handled by criminal, civil, or administrative actions either undertaken separately or in conjunction with other remedies.

(b) The first violation of this Chapter is an infraction punishable by a fine not exceeding $100. The second and each subsequent violation of this Chapter within a one year period, is a misdemeanor, punishable by a fine not to exceed $1000, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

(c) 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 described in Section 27.401, the court may order the owner to pay treble the costs of abatement.

(Ord. No. 95-4, § 1)

§ 27.206. through § 27.400. Reserved for future legislation.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city, whether commercial, industrial or residential, to maintain such premises in such a manner that any one, or more of the conditions or activities described in the following subsections are found to exist:

(a) A building or structure which is structurally unsafe, partially destroyed, remains in an unreasonable state of partial construction for more than one year, a fire hazard or otherwise dangerous.

(b) A building or structure having dry rot, warping or termite infestation or one on which the paint or finish has become so deteriorated as to permit dry rot, warping or termite or vermin infestation as to render the building or structure in a state of disrepair.

(c) A building exterior, wall, fence, driveway, sidewalk or walkway which is so defective or deteriorated that it poses a hazard or is otherwise materially detrimental to nearby properties.

(d) A property maintained so poorly that it is out of conformity with community maintenance standards as set forth in this chapter and which substantially diminishes the use of neighboring properties.

(e) A building or structure which because of obsolescence, dilapidated condition, deterioration, damage, electrical wiring, gas connections or other cause is in such a condition as to constitute a fire hazard.

(f) An accumulation of lumber, junk, garbage, trash, debris, salvage materials which are visible from public or private property or otherwise in violation of this code. Junk consists of any cast off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance.

(g) Abandoned, discarded or unused furniture, appliances, sinks, toilets, cabinets or other fixtures or equipment stored in a place visible from public or private property and which are not being stored for disposal at either the spring or fall free disposal day provided by Solano Garbage Company.

(h) An attractive nuisance to children, including but not limited to equipment, machinery, pools, ponds or excavations which may be hazardous to children.

(i) Dead, decayed, diseased or hazardous trees, weeds or overgrown vegetation which is likely to harbor rats, vermin or other pests, or which protrudes over or across a city street or sidewalk so as to substantially obstruct the clear passage of vehicles or pedestrians.

(j) Pooled oil or hazardous or toxic waste substance stored or accumulated in an unapproved container or in violation of any federal, state, county or city statute; or a substance other than clear water flowing onto a public right of way or adjacent properties; or excessive accumulation of grease or oil on paved surfaces, buildings, walls, fences or other structures.

(k) Obstruction or encroachment of any public property, including but not limited to any public street, highway, right of way, park or building.

(l) Presence of abandoned, dismantled, wrecked or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof (hereinafter "vehicles"), except:

1. When such vehicles are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property; or

2. When stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(m) Building or structure that is marked or defaced with spray paint, dye, or like substance in a manner commonly described as graffiti, visible from a public street.

(n) Parking of a vehicle, trailer, camper, or storage of other personal property on private property on other than a surface of asphalt, concrete, inter locking paving stones, brick, flagstone or other similar all weather material which would prevent the accumulation of weeds and other conditions which constitute a hazard.

(o) Gasoline service stations which are not in operation and are either boarded up or have removed dirt and other materials from the ground and left open excavations even if the open excavations have been fenced for a period in excess of sixty (60) days.

(p) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of animal excrement.

(q) Maintenance of any premises in any manner which is unsightly or unsanitary because of the presence of stagnant water which acts as a mosquito, other insect or disease breeding ground; rotting produce; or a substance which produces a noxious odor. This section shall not be construed to prohibit reasonable composting of yard waste.

(r) Violation of any provision of the Fairfield City Code including, but not limited to, a violation of Chapters 5 (Building and Housing Codes), 8 (Fire Protection) and 25 (Development Regulations) of this code.

(s) Landscaping materials shall be maintained. Landscaping materials shall include but not be limited to ground cover, lawn, rock, bark or other material which covers the unpaved portion of the private property. On property devoted to residential use, a total absence of landscaping does not violate this subsection. However, in the total absence of landscaping, the residential lot shall be maintained free of weeds, trash, clutter or debris.

(t) Any condition recognized in law or in equity as constituting a public nuisance.

(u)

(1) Definitions:

a. Major Vehicle Repair: any maintenance, repair or replacement not listed in the definition of minor vehicle repair, below, including, but not limited to, the removal of engines, rebuilding of engines, repair of the internal components, repair or removal of transmissions, repair or removal of differentials or axles, dismantling of vehicles, and body work.

b. Minor Vehicle Repair: Maintenance, repair or replacement of the alternator, generator, starter, water pump, fuel pump, battery or, brakes, or parts thereof; minor tune-up (which consists of distributor cap, rotor and spark plug replacement); change of oil and filter, fan belt, or hoses; lamp replacement; repair of flat tires; lubrication, spot painting.

(2) Minor Vehicle Repair: It is unlawful and a public nuisance for any person to engage in Minor Vehicle Repair in any residential zone if:

a. The vehicle under repair is not registered to a current occupant of the premises where the work is being performed; OR

b. The vehicle under repair is registered to a current occupant of the premises where the work is being performed, but the minor vehicle work:

i. Is being done outside a fully enclosed structure, unless such work is completed within forty-eight (48) consecutive hours; OR

ii. Is being done upon more than two vehicles at one time on the same premises or by the same person.

(3) Major Vehicle Repair: It is unlawful and a public nuisance for any person to engage in major vehicle repair in a residential zone, unless all of the following conditions exist:

a. The vehicle under repair is registered to a current occupant of the premises where the work is being performed; and

b. The repair is performed within a fully enclosed structure; and

c. No more than two vehicles are being repaired at one time on the same premises or by the same person.

(4) Notwithstanding any other section of this subsection (u), body painting, including spot painting, is not permitted in a residential zone.

(Ord. No. 92-28, § 1. (REV. 39, Correction; Ord. 2003-02, § 1)

§ 27.402. through § 27.500. Reserved for future legislation.