Fresno Municipal Code Art. 6 Public Nuisance Abatement

This article shall be known as the City of Fresno Public Nuisance Abatement Ordinance.

(Added Ord. 97-77, § 2, eff. 1-29-98).

The City Council of the City of Fresno finds and determines as follows:

(a) That the city has a history and reputation for well kept properties and that the property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private properties;

(b) That there is a need for further emphasis on property maintenance and sanitation in that certain conditions, as described in this article, have been found from place to place throughout the city;

(c) That the existence of such conditions as described in this article, is injurious and inimical to the public health, safety and welfare of the residents of the city and contributes substantially and increasingly to the deterioration of neighborhoods;

(d) That unless correct measures are undertaken to alleviate such existing conditions, and assure the avoidance of future problems in this regard, the public health, safety and general welfare and specifically the social and economic standards of the community will be depreciated;

(e) That the abatement of such conditions will improve the general welfare and image of the city; and

(f) That the abatement procedures set forth in this article are reasonable and afford due process to all affected persons.

(g) The purposes of this article are to safeguard, remedy and prevent the decay and deterioration of our community by elimination of public nuisances. The procedures established in this article are cumulative and in addition to any other remedy established by law.

(Added Ord. 97-77, § 2, eff. 1-29-98).

(a) "Abandoned Vehicle" means a vehicle which is left on a highway, public or private property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded.

(1) In reaching a reasonable conclusion, one must consider the amount of time the vehicle has been there without being moved, its condition, statements from the owner and witnesses, etc.

(2) In reference to highway or public rights of way, "abandonment" is presumed to have occurred if a vehicle is parked, resting, or otherwise immobilized on any highway or public right of way; and lacks an engine, transmission, wheels, tires, doors, windshield, or other part of equipment necessary to operate safely on the highway in this city. Such vehicles are presumed to be a hazard to public health, safety, welfare and considered an attractive nuisance and may be removed immediately upon discovery.

(b) "Attractive Nuisance" shall mean any condition, instrumentality or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.

(c) "Blight" means the condition of a specific property or group of properties which would be offensive in the eves of the public as compared to the standard of maintenance of the property pursuant to Article 6, Section 10; where the conditions are visible from public streets or right of ways and substantially detract from the aesthetics and economic value of the neighboring properties including health and safety hazards, public nuisance, crime, neglect and deterioration of property.

(d) "Blighted Building" means a vacant residential, commercial, or industrial building and all yards surrounding the building that is in violation of one or more provisions of the Fresno Municipal Code or California state law, and therefore reduces the aesthetic appearance of its neighborhood, area or district, is offensive to the senses, or is detrimental to nearby properties uses or property values. A blighted building includes a vacant building and the yards surrounding the building that are not being actively maintained, or actively monitored, or actively secured.

(e) "Decorative Landscaping" means decorative non-live materials used to cover dirt in a garden or yard, such as rocks, gravel, bark, or synthetic lawn, and does not include pavement with asphalt, cement or any other impervious surface.

(f) "Director" shall include any person authorized to issue citations pursuant to Fresno Municipal Code Section 1-308(k).

(g) "Dismantled Vehicle" means any vehicle that is partially or wholly dismantled.

(h) "Inoperative Vehicle" means any motor vehicle that cannot be moved under its own power.

(i) "Landscaping" means at least fifty percent (50%) of the non-paved portions of the exterior yards (those that are visible to the general public) shall be covered with live trees, shrubs, lawns, or other live or synthetic lawn materials, and the remaining portion of the non-paved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have decorative landscaping installed, so long as weed block is used where decorative landscaping is installed. Notwithstanding the above, all unpaved areas of a park strip may be landscaped with decorative landscaping, so long as weed block is used. The requirements of this subsection to maintain live plant material shall not be effective if and during the time the city has implemented Stage 2, 3, or 4 water shortage contingency rationing under its Water Use Reduction Plan.

(j) "Overgrown" means grass, lawn blades, or weeds that are:

1. Over twelve (12) inches long or any ground covering plant material that extends over twelve (12) inches onto a public street, curb, gutter, or sidewalk or;

2. Over six (6) inches long or any ground covering plant material that extends over six (6) inches on to the public street, curb, gutter or sidewalk when the condition exists in combination with one or more other violations under this Article.

(k) "Park Strip" shall mean that portion of a street right of way that lies between the sidewalk and the outside edge of a street, gutter, or gutter lip, including a driveway approach. Where no curb exists, "park strip" shall mean the area of property from the sidewalk to the edge of the street pavement.

(l) "Property" shall mean any lot or parcel of land. For purposes of this definition, "lot or parcel of land" shall include any alley, sidewalk, park strip or unimproved public easement abutting such lot or parcel of land. Further, for the purpose of this definition, "unimproved public easement" shall not include an exposed irrigation canal.

(m) "Record Owner" shall mean the person to whom land is assessed as shown on the last equalized assessment roll of the county or current title owner of record, if different.

(n) "Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something else attached to the ground.

(o) "Vacant building" means real property with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, vacant shall mean fifty percent (50%) or more of the units are unoccupied or occupied by unauthorized persons.

(p) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

(q) "Weed Block" means material that is installed over a dirt surface in order to prevent the growth of weeds and that does not prevent the infiltration or passage of water into the dirt surface.

(r) "Wrecked Vehicle" means any vehicle that is damaged to such an extent that it cannot be operated upon the highway.

(Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 2001-40, § 1, eff. 5-28-01; Am. Ord. 2003-17, § 1, eff. 4-22-03; Am. Ord. 2006-9, § 1, 3-13-06; Am. Ord. 2008-37, § 2, eff. 7-25-08; Am. Ord. 2015-11, § 2, eff. 6-19-15).

(a) Authority: The Director shall be responsible for the administration and enforcement of this article. For such purposes, the Director shall have the powers of a law enforcement officer. For purposes of declaring and abating fire hazards pursuant to the provisions of this article, the Director is also authorized to perform the duties imposed on the Fire Chief and Fire Marshal pursuant to the provisions of Chapter 10, Article 5 of this Code. The Director shall have the power to render interpretations of this article and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this article.

(b) Right of Entry: Whenever necessary to make an inspection to enforce any provision of this article, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises a public nuisance as defined in Section 10-605 of this article, the director may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the director by this article, including the abatement of any public nuisance, provided all inspections, entries, and abatements shall be done in a reasonable manner and with the consent of owner, agent or occupant. If an owner, occupant or agent refuses permission to enter, or inspect, or abate, the director may seek an administrative warrant pursuant to the procedures provided for in Code of Civil Procedure Sections 1822.50 through 1822.59, as amended, to perform the duties imposed upon the director.

(c) Responsibilities Defined: Owners remain liable for violations of duties imposed by this article even though an obligation is also imposed on the occupants of the building. Buildings, structures, premises and parts thereof shall be maintained in a nuisance free condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building or premises may be reinspected.

(Added Ord. 97-77, § 2, eff. 1-29-98).

It is unlawful for any person, corporation or other entity owning, leasing, occupying, directly controlling or having charge of any property in this city to keep, maintain or deposit on said property any public nuisances.

The City Council, by adoption of this ordinance declares, the keeping, maintaining or depositing of any of the following to be a public nuisance:

(a) Rubbish or junk, including but not limited to refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires and piles of earth.

(b) Any violation of the Uniform Fire Code, and such amendments as adopted by the State of California, as adopted by the city pursuant to Article 5 of Chapter 10 of this Code.

(c) The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, except as expressly hereinafter permitted. Except as expressly permitted by law, it shall be unlawful, and an infraction, for any person to keep, store, or maintain upon any premises under his control any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof. Criminal prosecution pursuant to this section shall not preclude, nor be precluded by, abatement of such vehicles or parts thereof pursuant to the provisions of this chapter.

(d) The following weeds:

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

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

(3) Weeds which are otherwise noxious or dangerous.

(4) Puncture vines and tumbleweed.

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

(6) Dry grass and grass likely to become dry, stubble, brush, litter or other flammable material which endangers the public safety creating a fire hazard, as defined in the Uniform Fire Code as adopted by the city pursuant to Article 5 of Chapter 10 of this Code.

(e) Dead, decayed or hazardous trees, residue from a fire or demolition such as concrete or brick foundations and flatwork, and which constitute an unsightly appearance, a fire hazard, or are dangerous to public health and welfare.

(f) Any attractive nuisance.

(g) Except as expressly permitted or required by law, exhibition, storage or repair of merchandise, signs (temporary, portable, or permanent or other forms of advertisement), bicycle racks, vending machines, or other obstructions upon any public sidewalk, median island, street, alley or public easement;

(h) Except as expressly authorized by law, park or store any vehicle upon an unpaved surface. It shall be presumed that the owner of the property and/or the person or entity occupying the property authorized the parking of the vehicle. It shall also be presumed that the registered owner of the vehicle parked the vehicle on the unpaved surface. The property owner, occupant and registered owner of the vehicle may all be held responsible for a violation of this subsection.

(i) Yard landscaping that has become so overgrown or uncontrolled as to create a fire hazard, obstruction to traffic or otherwise a blight to the neighborhood.

(j) Violation of zoning ordinance.

(k) Any pay telephone installed and maintained outside of a building (building does not include a phone booth) constitutes a public nuisance if:

(1) It is repeatedly tagged with graffiti and not cleaned within 48 hours of notice to the owner of the pay telephone; or,

(2) It is neglected or damaged to such an extent as to present a visual blight: or,

(3) It is habitually used by known gang members as designated by the Fresno Police Department's MAGEC Unit and in the reasonable opinion of the MAGEC Unit is used in or facilitates gang activity; or,

(4) The pay telephone has been abandoned or has otherwise remained inoperative for a period of thirty (30) days as of the effective date of this article; or

(5) The Director determines the pay telephone otherwise constitutes a public nuisance consistent with California Civil Code Sections 3479 and 3480.

The city shall not remove or cause to be removed a pay telephone when that telephone constitutes a public nuisance under this article, unless the Director has issued a notice and order (pursuant to Section 10-607) ordering the telephone owner to do, within at least thirty (30) days, one or more of the following to eliminate the public nuisance or otherwise voluntarily remove the pay telephone:

(1) Block incoming calls:

(2) Remove the ringer on the phone;

(3) Shut off the key pad after the initial number is dialed to eliminate "beeper" use;

(4) Make the telephone inoperative for designated time periods;

(5) Add lighting;

(6) Change the type of enclosure of the telephone;

(7) Limit calls to emergency 911 calls;

(8) Contract with a service that provides weekly maintenance of the pay telephone;

(9) Any other means the Director determines appropriate for the elimination of the nuisance.

This provision does not preclude City from taking any other legal action including instituting legal action or issuing administrative citations to abate the nuisance.

(l) Any violation of the Fresno Municipal Code wherein said violation has been declared a public nuisance.

(m) Blighted building.

(n) Any public nuisance known at common law or in equity jurisprudence or as defined pursuant to Part 3 (Commencing with Section 3479) of Division 4 of the California Civil Code. (Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 99-8, § 1, eff. 3-19-99; Am. Ord. 2001-12, § 1, eff. 3-18-01; Am. Ord. 2001-40, § 2, 5-28-01; Am. Ord. 2003-102, § 1, eff. 1-18-04; Am. Ord. 2004-134, § 1, 1-18-05).

Notwithstanding any other remedies available by law and except as otherwise provided in Section 10-613 relating to the removal of inoperative, wrecked, dismantled or abandoned vehicles, whenever the Director has inspected or caused to be inspected any property and has determined that there exists a public nuisance upon said property, the Director may commence any of the following proceedings, to cause the abatement of the public nuisance:

(1) Issue a notice of violation; and/or,

(2) Issue a notice and order; and/or,

(3) Summarily abate; and/or,

(4) Issue an administrative citation; and/or,

(5) Request the City Attorney to institute legal action. (Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 2001-40, § 3, 5-28-01).

(a) The Director, in his or her discretion, may issue a notice of violation to the record owner and/or occupant of the property upon which a public nuisance exists. This issuance of a notice of violation is not a prerequisite to any other action, including issuance of a notice and order or administrative citation. The notice of violation is a nonappealable warning with direction to correct the violation. The notice of violation shall include all of the following:

(1) Name of the property's record owner;

(2) Street address of the property in violation;

(3) The code sections in violation;

(4) A description of the property's condition which violates the applicable codes;

(5) A deadline or specific date to correct the violations listed in the notice of violation;

(6) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including but not limited to: administrative remedies; criminal prosecution; civil action; administrative abatement; civil penalties; revocation of permits; recordation of notice of violation.

(b) Service of a notice of violation may be served upon the record owner by regular first class mail or personal service. Service is effective on the date of mailing, or personal service. (Added Ord. 97-77, § 2, eff. 1-29-98).

(a) Issuance: Whenever the Director has inspected or caused to be inspected any property and has found and determined that conditions constituting a public nuisance exists thereon, the Director may serve a notice and order. The notice and order shall contain:

(1) The street address and/or assessor's parcel number, sufficient for identification of such property.

(2) Reference to all code sections violated together with a brief description of the condition which constitutes the public nuisance.

(3) Establish a reasonable time to secure any required permits, commence and complete required work to permanently eliminate the public nuisance identified in the notice and order.

(4) A statement that materials involved in public nuisances shall be disposed of in a legal manner.

(5) A statement that if the abatement is not commenced and completed within the time specified, the Director will proceed with further action, including administrative abatement at the expense of the responsible party, and/or administrative citation, and/or legal action.

(6) A statement that any person having any interest in the property or in the materials located thereon may appeal from the notice and order provided the appeal is made in accordance with the provisions of Chapter 1, Article 4.

(7) That a "notice of pending administrative action" may be immediately filed against the property in the Office of the County Recorder of the County of Fresno. If the notice and order becomes final, as described in this article, the notice and order may be recorded against the property in the Office of the County Recorder.

(b) Service:

(1) The notice and order, or any amended notice and order, shall be served upon the following parties:

(i) The record owner of the property; and,

(ii) Any person, entity or corporation occupying or in apparent control of the property.

(2) Service shall be completed in the following manner:

(i) Personal service; or

(ii) Posting the notice conspicuously on or in front of the property; or,

(iii) By regular mail.

(3) Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which the service was made.

(c) Recording: At the time the notice and order is served, the Director may file in the Office of the County Recorder, a notice of pending administrative action. If the notice and order becomes final pursuant to Section 10-615, the Director shall file in the Office of the County Recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and the owner has been so notified. Whenever the corrections ordered shall have been completed so that there no longer exists a public nuisance and the property described in the certificate; or the notice and order is rescinded by the hearing officer upon appeal; or whenever the city abates the nuisance and the abatement costs have been paid, the Director shall file a new certificate with the County Recorder that the nuisance has been abated.

(Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 2005-14, § 41, eff. 4-9-05).

(a) Whenever the Director determines that a public nuisance is imminently dangerous to life, health, safety or adjacent property such that it requires immediate correction or elimination, the Director may remove or otherwise abate the public nuisance without prior notice to the responsible person. The Director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the nuisance, including but not limited to:

(1) Suspend any special permit issued by the City, including but not limited to development entitlements; and/or

(2) Remove tall weeds and grass or other material creating the imminent threat to life, health, safety or adjacent property; and/or

(3) Physically remove or eliminate a condition or conditions creating the imminent threat to life, health, safety or adjacent property; and/or

(4) Suspend a particular use of property creating the imminent threat to life, health, safety or adjacent property; and/or

(5) Post the premises as unsafe or dangerous with an order against occupancy and/or use; and/or

(6) Take any other action appropriate under the circumstances.

(b) Upon completion of the summary abatement, the Director shall notify the record owner of the property and the occupant if any, of the following:

(1) The property location;

(2) The condition of the property;

(3) The violation;

(4) Any action by the Director taken to summarily abate the immediate threat to life, health, safety or adjacent property and the costs incurred therein;

(5) The right to appeal the action taken by the Director, in accordance with the provisions of Chapter 1, Article 4 of this Code. If no appeal is filed within the time prescribed, the action of the Director shall be final.

(c) The costs incurred by the city summarily abating the violation may be recovered by the city pursuant to Chapter 1, Article 5 of this Code.

(Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 2002-51, § 14, eff. 10-31-02; Am. Ord. 2003-102, § 2, 1-18-04).

The Director may issue an administrative citation pursuant to Sections 1-308, et seq. of the code. Appeal of an administrative citation may be made pursuant to Sections 1-308 et seq.

(Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 2001-40, § 4, 5-28-01).

Unauthorized dumping, under Section 6-210, is unlawful and a public nuisance and may be abated under Sections 10-609 or 10-616. In addition, the illegal use of land for occupancy and/or storage of junk, rubbish, and/or vehicles, whether the property has a structure or not, is unlawful and a public nuisance and may be abated under Section 10-609 or 10-616. The Director may collect all of the city's costs against violators under Article 5 of Chapter 1. The Director may issue a Notice and Order, consistent with the procedures found in Section 10-608, to any violator, including the property owner, to order an abatement of the violation, except that a violator may be required to clean up the violation within ten days of issuance of a Notice and Order pursuant to Section 10-608. A violator's vehicle used in the commission of unlawful dumping and determined to be a nuisance vehicle may be impounded.

(a) Illegal dumping Citations. violators may be issued administrative citations for penalties in the following amounts:

(1) for the first violation, one thousand dollars ($1,000), plus one times the city's costs to abate the violation if the city is required to abate the public nuisance;

(2) for the second violation, one thousand five hundred dollars ($1,500.00), plus two times the city's costs to abate the violation if the city is required to abate the public nuisance; and

(3) for the third violation and all others thereafter, three thousand dollars ($3,000.00) plus three times the city's costs to abate the violation if the city is required to abate the violation.

(d) Illegal dumping citations may be issued without any prior notice. Penalties may be issued in two citations in cases where the city is required to abate, with the second citation issued after the city determines its costs. For purposes of the additional penalty assessments, the city will be "required to abate" when a violator fails to properly comply with a Notice and Order or when summary abatement is necessary because the location or condition of the nuisance poses an imminent threat to the public's health, safety or welfare or to nearby property, such as it being located in a public right of way. Citations issued under this section shall be issued under the procedures found in Section 1-308, except to the extent that any provision in this section conflicts with those found in Section 1-308, this section controls.

(b) Property Owners of Illegally Used Land. The Property Owner of land used for unlawful occupancy and/or storage of junk, rubbish, and/or vehicles shall be subject to the following citations for continued violations after the notice period had expired:

(1) for the first violation, two hundred and fifty dollars ($250), plus one times the city's costs to abate the violation if the city is required to abate the public nuisance;

(2) for the second violation, one thousand dollars ($1,000.00), plus the city's costs to abate the violation if the city is required to abate the public nuisance; and

(3) for the third violation and all others thereafter, three thousand dollars ($3,000.00) plus the city's costs to abate the violation if the city is required to abate the violation.

(c) Citations or Notice and Orders issued under this section may be appealed under Article 4 of Chapter 1, except that the time period to appeal the Notice and Order shall be ten days from the issuance of the Notice and Order, and the Notice and Order shall not be automatically stayed upon an appeal being filed. The Notice and Order shall be a final Notice and Order pursuant to Section 10-615 ten days from the issuance of the Notice and Order. Citations issued under this section may be collected under Article 5 of Chapter 1. Nothing in this section is intended to affect the responsibilities, liability, or rights of any person or entity, including the city, under any Federal or State law or regulation related to hazardous waste cleanup. The actions and remedies provided under this section are cumulative to any others provided by law.

(d) Enforcement Authority. The Director, or designee, shall have the authority to enforce the provisions of this article.

(e) Other Remedies Not Precluded. Nothing in this Code shall be deemed to limit the right of the city to bring civil or criminal action against a person who violates Section 6-210 or allows property to be used for illegal occupancy and/or storage of junk, rubbish, and/or vehicles, including but not limited to misdemeanor prosecution.

(Added Ord. 2001-40, § 5, 5-28-01; Am. Ord. 2003-40, §§ 1, 2, eff. 6-17-03; Am. Ord. 2005-14, § 42, eff. 4-9-05; Am. Ord. 2017-72, § 1, eff. 1-18-18; Am. Ord. 2022-001, § 1, eff. 3-4-22).

Any person entitled to service under subsection (b) of Section 10-607 may appeal from any notice and order of the Director pursuant to Chapter 1, Article 4 of this code. If no appeal is filed within the time prescribed, the action of the Director shall be final.

(Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 98-79, § 1, eff. 12-3-98)

The following provisions shall apply only to the removal of inoperative, wrecked, dismantled or abandoned vehicles, or any part thereof.

(a) If, after inspection, it is determined that there exists an inoperative, wrecked, dismantled or abandoned vehicle in violation of this article, the Director may issue a notice and order to remove the vehicle or part as a public nuisance. The notice and order shall contain the following:

(1) Identification of the property upon which the vehicle(s) is/are located, along with a description of the vehicle(s) or part thereof.

(2) A statement advising the property owner and the registered and legal owner of the vehicle of the right to request a hearing within fifteen (15) days of the mailing of the notice and order. If a request for hearing is not made within the time provided, the city shall have authority to remove the vehicle(s) or part. The property owner may appear in person or submit a sworn statement denying responsibility for the presence of the violation or part, and explain the reasons for such denial. If the property owner submits that statement within fifteen (15) days of the mailing of the notice and order, the statement shall be construed as an appeal which does not require the presence of such property owner.

(3) Service of the notice and order shall be mailed registered or certified mail to the owner of the land as shown on the last equalized assessment rule and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(4) A notice and order need not be served if both the owner of the property and the owner of the vehicle or part sign a release authorizing the removal of the vehicle or part and waiving further interest in the vehicle or part.

(b) Once a vehicle is removed, it shall not be reconstructed or made operable unless it is a vehicle that qualifies either for horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004 in which case the vehicle may be reconstructed or made operable.

(c) If a hearing is held and it is determined that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the owner.

(d) Administration of this ordinance shall be by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from the property may be by any other duly authorized person.

(e) Any person authorized by this article to enforce this article may enter upon private property in accordance with Section 10-604(b), for the purposes specified in this article to examine a vehicle or part thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this article. The city or its authorized representatives shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this article.

(f) Within five (5) days of the removal of such inoperative or abandoned vehicle or part, the city shall notify the Department of Motor Vehicles of the State of California identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(g) This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles with the City of Fresno. It shall supplement and be an addition to the other regulatory codes, statutes and ordinances enacted by the City of Fresno, State of California, or any other legal entity or agency having jurisdiction.

(h) A vehicle is deemed "inoperative" if the vehicle is (1) mechanically incapable of being driven; or (2) prohibited from being operated on a public street or highway pursuant to Vehicle Code Sections 4000, 5002, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters.

(Added Ord. 97-77, § 2, eff. 1-29-98).

Upon receipt of a written request from any person required to conform to the notice order or final order, the Director, in his/her discretion, may grant an extension of time within which to complete said abatement, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Director shall have the authority to place reasonable conditions on any extensions he may grant pursuant to this section.

(Added Ord. 97-77, § 2, eff. 1-29-98).

(a) After any notice and order of the Director made pursuant to this article shall have become a final order, either by decision of the hearing officer affirming or modifying the same, or by failure to file an appeal within the time prescribed herein, no person or entity shall fail, neglect, or refuse to obey any such order. Any such person or entity who fails to comply with any such order is guilty of a misdemeanor.

(b) If, after the notice and order of the Director made pursuant to this article has become a final order, as described in subsection (a) above, and the responsible party has failed to timely comply with the final order, the Director may:

(1) Issue administrative citations pursuant to Section 1-308 et seq.; and/or,

(2) Request the City Attorney to exercise his/her discretion in the alternative, or cumulatively, to institute court action; and/or,

(3) Proceed with administrative abatement as provided in subsection (c).

(c) (1)

Except where abatement will require the demolition or removal of a structure, the Director may proceed with administrative abatement by removing the public nuisance at the expense of the responsible party.

(2) Where abatement will require the demolition or removal of a structure, city or its agent shall not abate said nuisance without first obtaining an order from the City Hearing Officer. An order approving abatement in such circumstances may be obtained either (a) after an appeal of the notice and order, if the notice and order is appealed to the City Hearing Officer and the Hearing Officer so grants; or, (b) by the city scheduling and noticing a nuisance abatement hearing before the City Hearing Officer.

(3) Notice of a nuisance abatement hearing shall be served in the same manner as the notice and order. The notice shall state the time, place and location for hearing, how the city intends to abate the nuisance, the estimated cost of abatement, including administrative time, and that said abatement will be done at the expense of the owner. The hearing shall be set no earlier than 10 calendar days from the date of service. At the time and place set for hearing, city shall establish the existence of the condition constituting a public nuisance as defined in this ordinance, that a notice and order was properly served on the person(s) responsible, that said person(s) have failed to timely abate the nuisance, and that notice of the abatement hearing was properly served on the person(s) responsible. The Hearing Officer shall make findings regarding the existence of the nuisance, the proper service of the notice and order and the notice of the abatement hearing and shall confirm or deny the request to abate.

(Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 2001-40, §§ 6, 7, 5-28-01).

(a) Abatement of the nuisance may in the discretion of the Director be performed by city forces or by a contractor retained pursuant to the provisions of this Code.

(b) The Director may enter upon private property to abate the nuisance pursuant to the provisions of this article. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work of abatement, pursuant to the provisions of this article, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this article.

(c) No officer, agent, or employee of the city shall be personally liable for any damage incurred or alleged to be incurred as a result of any act required, permitted or authorized to be done or performed in the discharge of his duties pursuant to this article.

(d) The Director may charge an hourly fee, as established in the Master Fee Schedule, for the enforcement of this ordinance.

(e) Upon completion of the abatement, the costs of abatement may be collected under the provisions of Chapter 1, Article 5 of this Code.

(Added Ord. 97-77, § 2, eff. 1-29-98; Am. Ord. 98-65, § 3, eff. 10-1-98; Am. Ord. 98-79, § 2, 12-3-98; Am. Ord. 2001-40, §§ 8, 9, 5-28-01; Am. Ord. 2002-51, § 15, eff. 10-31-02; Ord. No. 2022-002, § 1, eff. 3-31-22; Am. Ord. 2022-017, § 1, eff. 8-5-22).

(a) All vacant buildings shall be maintained in a non-blighted, safe, and secure condition, consistent with the requirements of this section. A vacant building maintained as a fire hazard, attractive nuisance, or in a blighted condition shall be deemed a public nuisance. If the City finds the building is being maintained as a fire hazard or in a blighted condition, the City may issue a Notice and Order to the property owner and the property owner may be subject to fines and penalties as set forth in this section.

(b) All vacant buildings shall be actively maintained, monitored and secured in compliance with all of the following standards:

(1) Maintain all yards visible from any public right of way, including interior yards visible from adjacent properties to be maintained in a safe and sanitary condition, including keeping all plant materials controlled to avoid Overgrowth as defined in this Article; including park strips, with Landscaping as defined in this Article, installed and maintained in a trimmed, live and healthy condition; the requirements of this subsection to maintain live plant material shall not be effective if and during the time the city has implemented Stage 2, 3, or 4 water shortage contingency rationing under its Water Use Reduction Plan.

(2) Maintain the exterior of the building, including but not limited to, paint, finishes, roofing materials, siding, stucco, masonry, railings, steps, gutters, and structural elements in good condition.

(3) Remove all trash and debris from exterior of the property within seventy-two (72) hours of notification.

(4) Comply with all applicable state and local codes and regulations, and any applicable city issued permits and site plans in the replacement and repair of all elements of the exterior of the building.

(5) Take all reasonable steps necessary to prevent criminal activity, including, but not limited to, the use and sale of controlled substances, prostitution, and criminal street gang activity, on the premises. Examples of reasonable steps include actively monitored security alarm systems and adequate physical inspections.

(6) Secure and maintain the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure that are readily accessible to trespassers as defined under Chapter 11 of this code or such other means as may be accepted by the Director. Securing windows that are visible from any public right of way shall be done only with rigid transparent material such as clear Lexan type material with a minimum of ⅜ inch thickness to ½ inch thickness. No opaque (typically plywood) boarding materials shall be used where visible from a public right of way.

(7) Remove all graffiti on the property within forty-eight (48) hours of placement on the property in compliance with Section 9-2514.

(8) Maintain the property free of all fire hazards.

(9) Maintain the property free of any Attractive Nuisance, as defined in this Article.

(10) All buildings that have been or are expected to be vacant for longer than thirty (30) days shall be registered, at no cost, with the city as may be provided on a city website or web application. The registration shall include the identity of all record owners, the street address of the vacant building, and a local contact, and shall be maintained only for internal use by the city. All applicable properties are required to be registered and updated within 72 hours of a change of ownership or contact information. Upon request, provide a Vacant Building Plan stating the owner's plans for the building, timeline for completion of those plans, and the measures in place to ensure that the building and property will be brought into compliance, will be kept secure until the building and property are brought into compliance, and will continue to be maintained in compliance with applicable city codes.

(11) Vacant buildings should be posted with approved no trespassing signage to permit police enforcement action.

(12) Fire damaged residential buildings that are not safe and legal to occupy shall be either demolished or fully repaired within 90 days of the occurrence of the fire; the Director may grant a continuance if documentation is provided to the satisfaction of the Director showing any delay is of no fault of the property owner and the property owner has made good faith efforts to demolish or fully repair within 90 days; until demolition or repairs are completed, the property owner shall secure the building to prevent unauthorized access.

(c) In addition to the requirements set forth above, vacant Commercial Buildings shall comply with the following additional standards:

(1) Install and maintain in good working order a fire protection system in accordance with all applicable codes and ordinances. Fire protection systems shall be kept in operating condition in accordance with applicable codes and ordinances.

(2) Install and maintain in good working order a security system such that breaches of any doors or windows, or the presence of intruders, alert the property owner, a property manager, and/or a security company, so that intruders may be removed.

(3) Maintain clear of combustible materials, flammable or combustible waste or rubbish, waste, or hazardous materials. Doors, windows and other openings shall be locked or otherwise secured to prevent entry by unauthorized persons in accordance with all applicable codes.

(4) Remove heating facilities or heating equipment pursuant to a valid permit or maintain in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable permits, codes and ordinances.

(5) Maintain in a manner in which all emergency access areas, egress points, stairways, roof-access ladders and exit signage are in functioning condition and free from deterioration.

(6) Post a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following information: (i) name and twenty-four hour contact telephone number and address of the owner, responsible party, or property management company; and (ii) the statement that "THIS PROPERTY IS MANAGED BY" with the appropriate name inserted and "TO REPORT PROBLEMS OR CONCERNS CALL" with the twenty-four hour telephone number listed. The sign shall be constructed and printed with weather resistant materials.

(7) Post a minimum of one "No Trespassing" sign in accordance with the Fresno Police Department sign and size requirements must be displayed along property frontage and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height.

(8) Conduct sufficient inspections so that the presence of intruders or illegal and/or dangerous activities (for example, starting fires or manufacturing illegal drugs) in the building may be discovered, so that appropriate remedial action can be taken to terminate the illegal and/or dangerous activities.

(d) Non-compliance. Failure by the property owner to comply with each of the standards set forth within eighteen (18) days of notification under this section is a separate violation of this code and subject to the following penalties:

(1) Use of any abatement procedure provided in this Article, with costs recoverable pursuant to Chapter 1, Article 5 of the Code;

(2) Issuance of a criminal citation under Section 1-305, should the owner of a vacant building be found responsible for three or more violations of this Article on three or more separate buildings within a thirty (30) day period;

(3) Issuance of an administrative citation of up to $2,500 under Section 1-308. A second citation of up to $5,000 may issue for the following 30 day period. A third citation of up to $10,000 may issue for the following 30 day period, and each 30 day period thereafter until compliance with the Notice and Order is achieved. There shall be a presumption that a violation continued from day to day between the initial inspection date at which it was observed by the city and a subsequent inspection date at which it continued to exist; and/or

(3)(a)

Vacant properties that are not registered on the City's vacant property registry shall be subject to an administrative citation of $250 per month; and/or

(4) Institution of legal action to pursue any available legal remedy, including receivership or injunction, by the City Attorney upon request by the Director.

(e) Occupancy. The city reserves the right to require an interior inspection of the property to ensure the property meets local and state law requirements for habitability. If a vacant building has been found to be in violation of this Article, the building shall not be occupied until all fines and abatement costs are paid, or acceptable arrangements with the city for payment have been made, and the property meets all health and safety code standards that are required for occupancy.

(f) Grace period. Owners of newly acquired blighted vacant buildings shall have sixty (60) days from the date of legal possession of the building to be in compliance with this ordinance. The Director may grant a continuance if documentation is provided to the satisfaction of the Director showing any delay is of no fault of the property owner.

(Added Ord. 2003-17, § 3, 4-22-03; Am. Ord. 2004-111, § 1, eff. 12-05-04; Am. Ord. 2006-9, § 2, 3-13-06; Am. Ord. 2008-68, §§ 1—4, eff. 1-15-09; Am. Ord. 2015-11, § 1, eff. 6-19-15; Am. Ord. 2018-6, § 1, 3-1-18; Am. Ord. 2021-027, § 1, eff. 7-22-21).

The provisions of this article shall in no way adversely affect the right of the owner, lessee or occupant of any such lot to recover all costs and expenses required by this article from any person causing such nuisance.

(Added Ord. 97-77, § 2, eff. 1-29-98).

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The Council hereby declares that it would have passed this ordinance and adopted this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Added Ord. 99-8, § 1, eff. 3-19-99).

Editor's note— Ord. 2015-11, § 3, effective June 19, 2015, amended the Code by repealing former § 10-620 in its entirety. Former § 10-620 pertained to registration of vacant foreclosed properties, and derived from Ord. 2008-67, effective January 15, 2009.