Farmersville Municipal Code Ch. 8.08 Nuisances

Each of the following conditions or acts is declared by the city council to be a public nuisance:

A. Fire hazards: dry or dead shrubs, dead trees, combustible refuse and waste, or any material growing on a street, sidewalk or upon private property within the city, which by reason of its size, manner of growth and location is determined by the city fire department to constitute a fire hazard to a building, improvement, crop or other property, or when dry, will in reasonable probability constitute a fire hazard;

B. Hazardous obstructions: an obstacle, landscaping or thing installed, or maintained on private property near a roadway intersection obstructing the line of vision by reaching a height higher than three feet above the adjoining top of curb at the applicable corner of the road way intersection or three feet six inches above the nearest pavement surface where there is no curb, or the existing traveled roadway at the corner intersection where there is no curb or pavement.

C. Polluted water: a swimming pool, or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water contained in a swimming pool, or other body of water, which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition;

D. Public burning: the intentional outdoor burning of any material, structure, matter or thing unless specifically authorized by the city fire department and the San Joaquin Valley Air Pollution Control District, if required;

E. Refuse and waste: refuse and waste matter, which by its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon real properties in the city. "Refuse and waste" means unused or discarded matter or material which consists of but is not limited to such matter and materials as: rubbish, refuse, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal, and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, trimmings from plants, trees, cans, bottles and barrels;

F. Private roads and bridges: private roads with potholes six inches or more in diameter, or with extensive cracks in the pavement, if paved, or with less than six inches of gravel surface, if a gavel road, or with less than twenty feet of improved surface from shoulder to shoulder as required by the city's specifications. Private bridges with load-bearing capacity of less than forty thousand pounds. Any traffic undulation (speed bump) on a private road or bridge not authorized by the city;

G. Uniform Codes: the violation of a provision of the following uniform codes:

1. The Uniform Building Code as amended and adopted by the city council,

2. The National Electrical Code as amended and adopted by the city council,

3. The Uniform Fire Code as amended and adopted by the city council,

4. The Uniform Housing Code as amended and adopted by the city council,

5. The Uniform Plumbing Code as amended and adopted by the city council,

6. The Uniform Mechanical Code as amended and adopted by the city council;

H. Zoning ordinance: the violation of a provision of the land use regulations of the city as set forth in Titles 15, 16, 17 and 18 of this code;

I. Water and sewer systems: the violation of a provision of the water and sewer system regulations as set forth in Title 13 of this code;

J. Public peace, morals and welfare: the violation of a provision of the regulations or the city as set forth in Title 9 of this code;

K. Maintenance of property: the existence of any of the following conditions:

1. Buildings which are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction,

2. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief,

3. Dead trees, weeds or debris that constitutes a danger to public safety or welfare,

4. Inoperable or abandoned motor vehicles stored for more than ninety days on the premises visible from neighboring properties,

5. Attractive nuisances dangerous and accessible to children including but not limited to:

a. Abandoned or broken equipment or appliances, including televisions, dishwashers, refrigerators, and ice chests and power machinery,

b. Hazardous pools, ponds and excavations, and

c. Neglected machinery,

6. Broken or discarded furniture and household equipment in yard areas,

7. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480,

8. Any building or structure which has any of the following conditions or defects to a significant degree:

a. Whenever any door, aisle, passageway, stairway or other means of exit is not sufficient width or size, or is not so arranged to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit,

b. Whenever any portion of a building or structure has been damaged by earthquake, wind, flood, or by any cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of this code for a new building or similar structure, purpose or location,

c. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure person or damage property,

d. Whenever any building, portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure and earthquake forces as specified in the Uniform Building Code as amended and adopted by the city without exceeding the working stresses permitted in such Uniform Building Code,

e. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required of new construction,

f. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to trigger a partial or complete collapse, or some foundation or underpinning is likely to fall or give way,

g. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used,

h. Any building whose structural members are not capable of resisting live load, dead load, wind load and earthquake load as specified in the Uniform Building Code as amended and adopted by the city,

i. Whenever the building or structure has been so damaged by fire, wind, earthquake, flood or other natural disaster, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might want to play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance, or unlawful or immoral acts,

j. Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of the city, as set forth in the Uniform Building Code as amended and adopted by the city or Uniform Housing Code as amended and adopted by the city or of any law or ordinance of this state or city relating to the condition, location or structure of buildings,

k. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, deterioration, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease as determined by the county health officer,

l. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within,

m. Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connection, heating apparatus, or other cause, is in such condition as to endanger life or other buildings or property in the vicinity or to provide a ready fuel supply that may augment the spread and intensity of fire arising from any such cause as determined by the city fire department.

(Ord. 378 § 2(part), 1997)

The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land a special assessment against that parcel is adopted under Government Code, Section 38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the city declares is a nuisance either by another provision of this code or other ordinance which the city may adopt.

The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the city by Civil Code, Section 3494, Code of Civil Procedure, Section 731, Government Code, Section 38773 or other lawful authority.

(Ord. 378 § 2(part), 1997)

When the city council has declared that something constitutes a nuisance under this chapter, the city manager shall mail a certified notice to the owner of the property at that person's last known address and the mortgagee or beneficiary under a recorded deed of trust. The notice shall state the conditions which constitute the public nuisance and shall order the abatement of the nuisance within thirty days after the date of the notice.

(Ord. 378 § 2(part), 1997)

In addition to the mailed notice under Section 8.04.030, the city shall post conspicuously at least one copy of the notice upon the property where the nuisance exists.

(Ord. 378 § 2(part), 1997)

The fact that the owner or other person to whom notice is given of the nuisance abatement proceedings does not receive such notice does not affect the validity of the proceedings.

(Ord. 378 § 2(part), 1997)

If the nuisance is not abated within the period given in the notice, the council may determine to proceed with the abatement. When it determines to proceed, the council shall give a second notice in the same manner as set forth in Sections 8.08.030 and 8.08.040. The second notice shall direct the person to appear before the council at a stated time and place and show cause why the nuisance should not be abated. The notice shall be headed "notice to abate nuisance" in letters of not less than one inch in height and shall be substantially in the following form:

NOTICE TO ABATE NUISANCE

_______ (name of person to whom notice is given) is hereby notified to appear before the City Council of the City of Farmersville at a meeting to be held_______, 199___, at the hour of ___ ___.m. at _______ (place of meeting), and show cause, if he or she has, why the nuisance should not be abated and the cost of the abatement of the nuisance upon the parcel of land should not be made a special assessment against that parcel.

City Council of the

City of Farmersville

Dated:_______

By:_______

(Ord. 378 § 2(part), 1997)

At the time fixed in the notice, the council shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the council may, by resolution, declare its findings. If the council so concludes, it may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within thirty days after the date of posting on the premises of a notice of the adoption of the resolution.

(Ord. 378 § 2(part), 1997)

The council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists.

(Ord. 378 § 2(part), 1997)

If the person fails to abate the nuisance within the time set forth, the city may proceed to abate the nuisance.

(Ord. 378 § 2(part), 1997)

The city shall keep an itemized account of the expenses involved in abating the nuisance. The city shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the council for approval and confirmation and at which time the council shall consider objections or protests to the cost of the work.

(Ord. 378 § 2(part), 1997)

At the time fixed for the hearing on the statement of expense, the council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution.

(Ord. 378 § 2(part), 1997)

If the property owner does not pay the expense of abating the nuisance within five days after the council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate of five percent per year computed from the date of confirmation of the statement until paid. The assessment may be collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to levy, collection, and enforcement of municipal taxes apply to this special assessment.

(Ord. 378 § 2(part), 1997)

The city shall file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

Under the authority of Government Code section 38773.5, and Ordinance No. _____, the City did on _______, 199___ abate a nuisance upon the real property hereafter described and then on _______, 199___, did assess the cost of the abatement upon the real property. The City of Farmersville claims a special assessment on the real property for the expense of doing the work in the amount of $_____. This amount is a special assessment against the real property until it is paid, with interest at the rate of 6% a year from _______, 199___[insert date of confirmation of statement], and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated in the City of Farmersville, County of Tulare, State of California, more particularly described as follows: _____

_____

Dated:_______

City of Farmersville

City Manager

By:___________

(Ord. 378 § 2(part), 1997)

When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the council may order the nuisance abated immediately or take steps itself to abate the nuisance after adoption of a resolution declaring the facts which constitute the emergency. The resolution to be effective shall be adopted by four-fifths vote of the council.

(Ord. 378 § 2(part), 1997)

The owner or occupant of a lot or premises within the city who permits or allows the existence of a public nuisance as defined in this chapter, upon a lot or premises owned, occupied or controlled by him or her, or who violates this chapter is guilty of a misdemeanor and upon conviction is subject to a fine of not more than one thousand dollars or imprisonment for a period not exceeding six months, or both.

(Ord. 378 § 2(part), 1997)