Chapter 8.10 — Quality of Life and Property Maintenance

• 8.10.010 Intent.

• 8.10.020 Applicability.

• 8.10.030 Severability.

• 8.10.040 Definitions.

• 8.10.050 Prescribed maintenance.

• 8.10.060 Nuisance declared.

• 8.10.070 Destruction and removal - Required.

• 8.10.080 Violation–Infraction.

• 8.10.090 Enforcement officer.

8.10.100 Authority for abatement and removal.

8.10.110 Procedure for abatement.

The purpose of this ordinance is to promote the health, safety, and general welfare of the City by helping to create a clean environment for all citizens. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.

(Ord. 819-2016 § 2 (part), 2016)

A. In order to keep the City of Gridley clean, safe, and ensure a healthy environment, the provisions of this chapter shall apply to all property and structures within the city, including non-residential lands and vacant lots. The minimum requirements and standards for premises, structures, elements, safety from fire, other hazards, and sanitary maintenance are the responsibility of the responsible party, or authorized agent, occupants, tenants, lessees, of existing structures and premises. The responsible party shall ensure all measures are conformed to and timely pay any financial penalties.

B. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between this code and other standards (e.g. California Building Code, Plumbing Code, Electrical Code, Zoning Ordinance), the provisions of the most restrictive shall govern. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the currently adopted California codes as well as any and all then existing future adopted codes as the case may be by the City for all trades as well as zoning code requirements.

(Ord. 819-2016 § 2 (part), 2016)

If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

(Ord. 819-2016 § 2 (part), 2016)

The following terms and phrases, as used in this chapter, shall have the meanings hereinafter described:

• A. “Anchored.” Secured in a manner that provides positive connection.

• B. “Approved.” Acceptable to the code official.

C. “Attractive nuisance.” A condition of property creating a hazard which may pose an unreasonable risk of serious bodily harm or death to children and/or potential rescue personnel whether or not minors could assess such risk.

D. “Basement.” That portion of a building which is partly or completely below grade.

E. “Bathroom.” A room equipped for taking a bath or shower also containing a sink and toilet (Refer to Half Bath).

F. “Bedroom.” Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

G. “Blight effect.” Action or inaction to cause to decline or decay and ruin.

• H. “Condemn.” To adjudge unfit for occupancy.

I. “Cost of such demolition or emergency repairs.” The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for covering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official or the governing body.

J. “Detached.” A physical disconnection of the components within a structure from one element to another and/or the separation of structures.

K. “Deterioration.” To weaken, lower in quality, character, or value.

L. “Dwelling unit.” A single unit providing complete, independent living facilities for one or more responsible parties, including permanent provisions for living, sleeping, eating, cooking and sanitation.

M. “Easement.” That portion of land or property reserved for present or future use by a responsible party or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.

N. “Exterior property.” The open space on the premises and on adjoining property under the control of the responsible party of such premises.

O. “Garbage.” Waste resulting from the handling, preparation, cooking and consumption of food; discarded material considered rejected or useless; combustible and non-combustible waste materials, including but not limited to the residue from the burning of wood, coal, and other combustible materials, paper, rags, cartons, boxes, wood, wood byproducts, wood shavings, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

P. “Half bath.” A room equipped with a toilet and sink but without fixtures for bathing or showering. (Refer to Bathroom.)

Q. “Imminent danger.” Serious risk or exposure to vulnerability or harm including the potential of life-threatening injury or death without warning due to the deterioration of structures and surrounding areas.

R. “Infestation.” The presence, within or contiguous to, a structure or premises of insects, rodents, vermin, or other pests.

S. “Inoperable motor vehicle.” A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

T. “Neglect.” The habitual lack of care and maintenance for a building or structure and its surrounding area.

U. “Occupancy.” The purpose for which a building or portion thereof is utilized or occupied.

V. “Occupant.” Any individual living or sleeping in a building, or having possession of a space within a building.

W. “Openable area.” That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

X. “Pest elimination.” The control and elimination of insects, rodents or other pests by eliminating their refuge places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

Y. “Premises.” A lot, plot or parcel of land, easement or public way, including any structures thereon.

Z. “Public nuisance.” An act, condition or thing which may be injurious to the public health, safety, welfare or morals which interferes with the rights or quiet enjoyment of the public generally and similarly although the harm experienced by individual members of the public may vary in degree or intensity.

AA. “Public way.” Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

BB. “Responsible party.” Any person who has charge, care or control of a structure or premises which is let or offered for occupancy; An individual, corporation, partnership or any other group acting as a unit; Any owner, agent, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any, and the executor or administrator of the estate if ordered to take possession of real property by a court.

CC. “Rooming house.” A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

DD. “Rooming unit.” Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

EE. “Sleeping unit.” A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

FF. “Structure.” That which is built or constructed or a portion thereof.

GG. “Structural element.” Those structural members or assemblies of members or manufactured element, including braces, frames, lugs, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.

HH. “Tenant.” A person, corporation, partnership or group, whether or not the legal responsible party of record, occupying a building or portion thereof as a unit.

II. “Ventilation.” The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

JJ. “Workman like manner.” Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

KK. “Yard.” An open space on the same lot with a structure.

LL. “Xeriscape.” A landscaping method that employs drought-resistant plants and special techniques to conserve water.

• (Ord. 819-2016 § 2 (part), 2016)

A. It is unlawful for the responsible party or occupant of any lot or premises within the City to maintain thereon any weeds, brush, garbage, grass or material likely to become easily ignited.

B. It shall be the duty of the responsible party in control of any lot, piece or parcel of land in the City to remove all noxious weeds, vegetation or dry grass and all dead trees, garbage, refuse, unusable or abandoned automobiles or parts thereof, cement, concrete, or foundations from dismantled buildings or buildings in such disrepair as to be a fire hazard, or waste materials of any kind which may endanger or injure neighboring property or the welfare of the residents in the immediate vicinity.

C. The responsible party in control of any lot within the City shall keep the sidewalks adjoining the same clean and clear of all weeds, dry vegetation or garbage to the outer line street curb adjoining such lots.

D. It shall be the duty of the responsible party to maintain their property in compliance with the following standards:

1. To be free of conditions that constitute health and safety hazards, encourage abuse and trespassing by others that create a blighting effect in the neighborhood, and otherwise adversely affect adjacent properties;

2. To maintain sheds, garages and other outbuildings in a whole condition free of missing boards, broken doors or glass, or other conditions that would allow refuge of rats, animals, or vermin;

3. To maintain buildings so that they are capable of serving the purpose of protecting from the elements (with the exception of buildings not constructed for that purpose such as gazebos, arbors, and the like);

4. To maintain sidewalks adjacent to public rights-of-way and fences in a whole condition, free of conditions that constitute a health or safety hazard or encourage trespassing or otherwise creating a blighting effect in the neighborhood;

5. To maintain shrubs, trees, and other vegetation and landscaping (including xeriscape) on and adjacent to the premises as landscape parkways in such a manner as to prevent health or safety hazards, visual blight, and unhealthy plant materials. Any landscaping materials that are within parkways not maintained shall be rehabilitated or replaced, shall not consist of dead grass or vegetation, but live plant material to preserve the aesthetic and environmental quality of life.

E. No responsible party shall maintain their property or structures in the following condition:

1. Excessive accumulation of animal waste, nor the disposal of such waste in an open ditch or storm drain;

2. Allow animal carcasses to remain exposed after death;

3. Ponds, reservoirs, swimming pools, and other forms of water features shall not contain trash, debris, organic matter, leaves, garbage, or other effluvia, nor allow unmaintained pool water to have brackish, green algae;

4. Holes in or under barriers;

5. Malfunctioning self-closing, self-latching devices, and locks on gates;

6. Trash, garbage, and/or recyclables stored in such a manner as to overflow, be an attraction to rodents, animals, or vermin, or subject to being strewn around property and not in acceptable containers;

7. Storing items in a manner to be hazardous or inviting of theft. These items include, but are not limited to, lumber, boxes, barrels, bottles, cans,

ladders, carts, logs, metal, large appliances, and old vehicles.

8. Throw, leave, deposit, or otherwise allow to accumulate on their property any worn out, broken, or worthless items, waste, garbage, trash, debris, refuse or inoperable vehicle and vehicle parts nor any materials impeding the mowing and maintenance of vegetation, e.g. grass and/or ground cover. Such items include but are not limited to food products, food containers or items that are broken, deteriorated, or in a dismantled condition. This subsection applies to those who rent, lease or own the property who are equally liable as to the maintenance of property.

(Ord. 819-2016 § 2 (part), 2016)

The City Council hereby declares that all weeds, as described herein, growing upon private or public property in the City and all garbage on such property are public nuisances and are subject to abatement by eradication and/or removal.

(Ord. 819-2016 § 2 (part), 2016)

A. It is unlawful for any responsible party owning, occupying, renting, managing or controlling any real property in the City to cause or permit any weeds, brush, or dry vegetation, or to place, cause or permit any garbage or material likely to become easily ignited, to be or remain on such real property in the City or on portions of the streets that adjoin such property.

B. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways creates a condition tending to reduce the value of private property promoting blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance to create a refuge for rodents and insects and to be injurious to the health, safety and general welfare.

C. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 819-2016 § 2 (part), 2016)

This Chapter is not the exclusive regulation of property maintenance within the City. It shall supplement and be in addition to the regulatory statutes and ordinances that have been or will be enacted by the City, State, or any other legal entity or agency having jurisdiction. The enforcement officer, has the authority, in the alternative or in conjunction with the enforcement remedies set forth in this Chapter, to issue citations pursuant to Chapter 1.12 and any violation of this Chapter may be punished as an infraction as specified in Chapter 1.08 of this Code. In addition, any violation of this Chapter is hereby declared to be a nuisance. The provisions of this Chapter shall be deemed to be supplemental and not limit any other rights or remedies which the City might have under any provision of law, including the right to abate violations of this Chapter as a nuisance in any fashion allowed under law.

(Ord. 819-2016 § 2 (part), 2016; Ord. 652, 1996)

A. Any violation of this Chapter may be prosecuted by the enforcement officer. The City Administrator is hereby designated the enforcement officer. In addition to the authority which may be specifically provided in this Chapter, the enforcement officer may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter. The enforcement officer may appoint and fix the duties of such officers, agents, and employees as deemed necessary to carry out the purposes of this Chapter and may delegate any functions or powers to such officer, agents, and employees.

B. For purposes of enforcing the provisions of this Chapter, in the absence of express permission by the property owner or legal occupant to enter into the interior spaces of structures or into or onto areas behind fences, walls and barriers to view, the enforcement officer or his designee shall have the right of entry upon lands which are immediately accessible and/or reasonably viewable from the public right of way (eg: streets, sidewalks, alley ways, front yards, driveways and entry ways) and which are located outside of closed structures.

(Ord. 819-2016 § 2 (part), 2016)

The enforcement officer shall have authority to cause the abatement and removal or correction of any condition of property in violation of this Chapter. The cost of abatement shall become a special assessment against the property in question, which may be collected at the same time and in the same manner as ordinary municipal taxes are 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. The procedure for abatement and special assessment of the costs thereof shall be in accordance with Section 8.10.080. The abatement procedure specified in Section 8.10.080 may be used as an alternative to, or in addition to any other regulatory authority of the City, including but not limited to, the prosecution of a violation of this Chapter as an infraction.

(Ord. 819-2016 § 2 (part), 2016)

A. A responsible party charged with a violation under this Chapter and prosecuted under this Section shall be mailed a 10-day preliminary notice of intention to abate any violation of this Chapter as a public nuisance. The notice shall be mailed by registered or certified mail to the responsible party of land on which the violation is found. The notice of intention shall be substantially in the following form:

NOTICE OF INTENTION TO ABATE A PUBLIC NUISANCE

(Name and Address of Responsible party of the Land)

As responsible party shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to (applicable section of Chapter 8.10) has determined that there exists upon said land a public nuisance, pursuant to the provisions of Chapter 8.20 of the Gridley Municipal Code, in that (Describe violation).

You are hereby notified to abate said nuisance within ten (10) days from the date of mailing of this notice and upon your failure to do so, the same will be abated and/or removed by the City and the costs thereof, together with administrative costs, assessed to you as the responsible party of land.

You may submit a sworn statement within such ten (10) day period to City Hall denying responsibility for said nuisance on said land, with your reasons for denial and such statement shall be construed as a request for hearing at which your presence is not required.

You may appear in person at any hearing requested by you or, in lieu thereof, may present a sworn written statement in time for consideration at such hearing.

(date notice mailed)

(Signature line for Enforcement Officer)

B. If no hearing is requested, an order for abatement may be issued and the costs thereof, assessed against the property, as provided herein. If a request for a hearing is received by the enforcement officer within 10 days of mailing, as provided in subsection A. above, an administrative hearing shall be held by the City Administrator or his/her designee on the question of abatement and removal of the public nuisance and the assessment of the administrative costs and the costs of removal of the nuisance against the property on which it is located. The City Administrator shall provide written notice of the time and place of the administrative hearing and shall give at least 10 days' notice if the same is served by mail and at least five (5) days' notice if the same is responsible party delivered.

C. The hearing specified in subsection B. above shall be held before the City Administrator or his/her designee who shall hear all facts and testimony on the circumstances concerning the public nuisance on the property in question. Technical rules of evidence shall not apply to this hearing. The responsible party charged with a violation may appear in responsible party or may present a sworn written statement prior to the time of the hearing and deny responsibility for public nuisance, stating his reasons for such denial.

D. The City Administrator shall impose such conditions and take such actions as deemed appropriate under the circumstances to carry out the purposes of this Chapter. He/she may delay the time for abatement of the public nuisance if, in his/her opinion, the circumstance warrants. At the conclusion of administrative hearing, the City Administrator may find that a public nuisance exists on the property and order the same abated from the property as a public nuisance and disposed of and determine the administrative costs and the costs for removal to be charged against the responsible party of the land and make a special assessment against the property. The order requiring removal shall include the description of the public nuisance.

E. Any party to a proceeding under this Section may appeal the decision of the City Administrator by filing a written notice of appeal with the City Clerk within five days of the rendering of the decision by the City Administrator. The appeal shall be heard by the City Council which may affirm, amend, or reverse the order and take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

(Ord. 819-2016 § 2 (part), 2016)

If the administrative costs and charges of abatement of the public nuisance that are charged against the responsible party of property, pursuant to this Chapter, are not paid within thirty (30) days from the date of the order or a final disposition of an appeal therefrom, such costs shall become a special assessment against the parcel of property in question, pursuant to Government Code Sections 38773 and 38773.5. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are 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 the levy, collection, and enforcement of municipal taxes shall be applicable to this assessment; however, if any real property, to which the cost of abatement relates, has been transferred or conveyed to a bona fide purchaser for value or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent; then, the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection. Notices or instruments, relating to the abatement proceeding or special assessment, shall be entitled to recordation.

(Ord. 819-2016 § 2 (part), 2016)