Guadalupe Municipal Code Art. II Property Nuisances

The purpose and intent of this chapter is:

A. To promote safe living and commercial areas for the community's residents, and to protect the health, safety and welfare of its residents;

B. To enhance and promote the maintenance of real property, improved and unimproved, and by so doing, improve the livability, appearance, and the social and economic conditions of the community;

C. To elevate the self-esteem of the residents of the City of Guadalupe, develop a cohesive and caring community, and thereby be beneficial to the growth and prosperity of the City; and

D. To ensure that the real properties, whether improved or unimproved, do not reach such a state of deterioration or disrepair as to cause the depreciation of the value of the surrounding neighborhood or be materially detrimental to nearby properties and improvements.

(Ord. 2009-396 §1)

As used in this chapter:

"Abate/abatement"

means action to terminate, stop, cease, repair, rehabilitate, replace, demolish, correct or otherwise remedy nuisance activity, condition, premises or conduct by such means and in such manner as to bring the activity, condition, premises or conduct into compliance with the laws or regulations of the City of Guadalupe and/or the State of California or in such manner as is necessary to promote the health, safety or general welfare of the public.

"Abatement costs"

means the actual costs paid or incurred by the City in connection with the matter, including, but not limited to:

Costs of investigation;

Personnel costs;

City overhead incurred in the preparation for any hearing and appearing at the hearing itself;

Costs incurred for all inspections and re-inspections necessary to enforce any order issued under this chapter;

Costs of preparation of notices, specifications and contracts and inspecting the work performed under contract;

Costs of mailing and printing notices and documents; and

The cost, including staffing costs, expended or incurred by the City in abating the conditions or violations pursuant to any order under this chapter.

"City Clerk"

means the City Clerk of the City of Guadalupe.

"Compliance official"

shall mean any official named in this code to enforce the provisions of this chapter.

"Code compliance hearing officer" or "hearing officer"

shall mean a volunteer appointed by the Mayor and approved by the City Council to determine whether violations of law or conditions which constitute a public nuisance exist pursuant to this chapter, and to order appropriate methods of abatement and/or the imposition of administrative penalties.

"Minor"

shall mean any person under the age of 18 years, and who is not emancipated.

"Owner"

means the owner or owners of any premises or real property.

"Premises or real property"

shall mean, in context, any location, building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel, land or portion thereof, whether improved or unimproved.

"Responsible party or person"

means any individual, business or entity responsible for creating, causing, maintaining or permitting the nuisance activity, premises, condition or conduct; and includes, but is not limited to, the property owner, tenant, lessee, possessor, or occupant of real property, the president or other officer of the corporation, a business owner or manager of a business.

(Ord. 2009-396 §1)

The procedures provided in this chapter shall be cumulative and in addition to any other procedure or legal remedy provided for in this code or by State law for the abatement of nuisance-related activities, premises, conditions or conduct. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a nuisance under applicable civil, criminal or municipal code provisions as an alternative or alternatives to the proceedings set forth in this chapter.

(Ord. 2009-396 §1)

It is unlawful for any person owning, renting, leasing, occupying, managing or having charge, or possessing of any real property in this City to maintain such premises in such a manner that any of the following conditions are found to exist thereon:

A. A building, structure, or portion thereof, which is in a dilapidated or dangerous condition so as to be unfit, unsafe, or unsuitable for human occupancy. Such conditions include, but are not limited to:

1. Inadequate or inoperable mechanical, electrical, plumbing, or sanitation systems or equipment;

2. Lack of sound and effective exterior walls or roof covering to provide weather protection;

3. Lack of structural integrity, including deteriorated or inadequate foundations, joints, vertical or horizontal support;

4. Broken, missing, or inoperable windows or doors constituting a hazardous condition or a potential attraction to trespassers;

5. Buildings or structures which are unpainted or which otherwise lack exterior coating, causing dry rot, warping or termite infestation;

6. Broken, deteriorated, or substantially defaced structures visually impacting on the neighborhood or presenting a risk to public safety;

7. Substandard building conditions described in the State Housing Law, including but not limited to Section 17920.3 of the Health and Safety Code.

B. An abandoned building or structure such as:

1. An unoccupied and unsecured building or structure;

2. A partially constructed, reconstructed, or demolished building or structure where work is abandoned for 120 consecutive days;

3. A damaged or partially destroyed building or structure not removed or repaired within 120 calendar days after the damage or destruction, or, if the removal or repair cannot reasonably be accomplished within 120 calendar days, upon which removal or repair has not been commenced within such period and prosecuted diligently toward completion.

C. Property maintained in a condition so defective, unsightly, or in a state of such deterioration, disrepair or neglect that it causes a health, safety or fire hazard or an attractive nuisance to children such as:

1. The accumulation of dirt, litter, refuse, trash or debris in carports, parking areas, driveways, front yards, side yards, rear yards, vestibules, doorways of buildings, the adjoining sidewalk, or alley;

2. Storage of personal property (other than items designated for outdoor use) in front, exterior side, or rear yard areas visible to public view, including, but not limited to unregistered, inoperative or dismantled vehicles or vehicle parts, building materials not currently being used for the construction of improvements on the site, appliances, household furnishings or equipment, tools, machines, garbage cans, packing boxes, debris, rubbish, and broken or discarded furniture;

3. Trees, weeds, or other vegetation which are dead, decayed, infested, diseased, overgrown, or likely to harbor rats or vermin, or which are detrimental to neighboring property or property values;

4. Abandoned and broken equipment or machinery, or parts thereof;

5. Parking lots, driveways, paths or other paved surfaces with cracks, potholes or other deficiencies posing a risk of harm to the public;

6. Fences or walls which:

a. Lack structural support because of missing or wet soil, missing or failed footings, or missing or failed fastenings; or which otherwise do not stand erect,

b. Are in disrepair due to damage, crumbling mortar, missing bricks or wood, rotted wood, breaks or dents in their structure;

7. Front yards, and street side yards on improved lots, including corner lots, which lack required landscaping with a lawn, ground cover, bushes, or trees, or which lack required covering with rock or other decorative material, except during permitted construction, demolition, or remodel work on the lot;

8. A surface excavation or grading on private property which:

a. Contains 4 or more inches of standing water for a period in excess of 5 calendar days during which no rain has fallen, or

b. Has sides which slope at an angle that exceeds City standards.

c. This prohibition does not apply to:

i. Completed drainage facilities which are owned or maintained by, or approved and maintained in the manner approved by, the City of Guadalupe or County of Santa Barbara,

ii. Excavations made as part of construction approved by the City and protected with barriers or fences that meet City, County and/or State standards, or

iii. Excavations which are completely surrounded by a fence or other secure barrier at least 6 feet tall.

D. For the purpose of this section, "yard" means any open space other than a court on the same lot with a building or a dwelling group, which space is clear of structures and thus open from ground to sky. The exception for accessory buildings stated in Section 15.05.020 of this code does not apply.

E. For purposes of subsection C of this section, "attractive nuisance" shall mean any condition, instrumentality or machine located in a building or on premises, 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.

F. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this chapter, shall mean defacement, damage, or destruction by the presence of paint or ink, chalk, dye, or other similar substances; or by carving, etching, or other engraving.

G. Clothing, linen, towels, laundry, rugs, mattresses, and other similar material hung, placed, or attached to power lines, trees, bushes, fences, buildings, railings, or walls and visible from public property or an area open to the public.

H. Waste matter or personal property placed on rooftops.

I. Construction or agricultural equipment, machinery, or materials, parked or placed on residential premises and visible from public property or an area open to the public; except during permitted construction, demolition or remodel work on the site.

J. Vehicle or vessel repair as defined in Title 18 of this Code, which occurs in a residentially zoned district and is offensive or detrimental to the health, safety, or welfare of other persons, or which substantially interferes with the reasonable enjoyment of property by other persons, because of the substances, odors, noise, or visual clutter created by the repair; or because of the items stored in connection with the repair, or because the repair is performed on a vehicle not owned by the occupant of the property.

K. Any building or structure which is a public nuisance under common law.

L. Any violation of the zoning ordinances or occupying or otherwise using property in violation of the provisions of any conditional use permit, planned development permit, variance or other land use entitlement or land use permit.

M. Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections 3479 and 3480 of the Civil Code of the State of California or which is specifically declared to constitute a nuisance by any statute of the State of California or by any ordinance of the City of Guadalupe.

N. Any building or structure which is constructed, altered, repaired, modified, maintained or used in violation of the following provisions of the Guadalupe Municipal Code:

1. Title 3 (Revenue and Finance);

2. Title 5 (Business Taxes, Licenses, and Regulations);

3. Title 15 (Building and Fire Codes);

4. Title 17 (Subdivisions);

5. Title 18 (Zoning).

O. Any activity which is in conflict with the Constitution or laws of the State or the United States.

(Ord. 2009-396 §1)

All property found to be maintained in violation of any one or more of the provisions of Section 8.50.070 of this chapter is hereby declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any manner provided by law.

(Ord. 2009-396 §1)

Every responsible party who owns or is in possession of premises within the City is required to maintain such premises in a manner so as not to violate the provisions of this chapter.

(Ord. 2009-396 §1)

A. Persons or other entities seeking to do business within a building within the City shall obtain approval by the Fire, Health, Building and Planning Departments as to the conformance of such building to existing zoning, building, fire, health and other public safety laws. Such approvals are mandatory prior to the initial operation of the business, and annually thereafter. The duly authorized representatives of these departments shall have the authority to make necessary inspection of premises, or to authorize self-inspection of premises, to determine compliance. Each business obtaining an inspection pursuant to this subsection shall pay an inspection fee, as established by the City by resolution.

B. Any officer, employee, or agent of the City of Guadalupe may enter and inspect or abate any building or premises whenever necessary to secure compliance with, or prevent violation of, any provision of this chapter. If required by law, the officer, employee or agent shall first obtain consent of the responsible party or an appropriate court order.

(Ord. 2009-396 §1; Ord. 2016-446 §1)

Whenever a Compliance Official determines that any property is maintained in violation of one or more of the provisions of Section 8.50.070, he or she shall serve on the responsible parties a written Compliance Order which contains:

A. The date and location of the violation;

B. The section of the code violated and a brief description of the violation;

C. The actions required to correct the violation(s) or abate the condition(s);

D. The time period after which the City will enter the property to abate the conditions or administrative penalties will begin to accrue if compliance is not achieved;

E. The time period for abatement (a Compliance Official may grant an extension of time upon good cause, provided the responsible party signs a written agreement to abate the nuisance within a time certain);

F. That a public hearing will be held before the Hearing Officer if abatement is not achieved within the time set forth in the Compliance Order.

(Ord. 2009-396 §1)

A. All written notices required to be given under the provisions of this chapter may be served in the following manner:

1. By personal delivery; or

2. To the property owner, by mailing a copy of the notice by United States mail, postage prepaid, to his or her address shown on the last equalized assessment roll available on the date the notice is prepared, and to other responsible parties at their address as known to a Compliance Official or at the property address. Service under this subsection shall be deemed complete 5 calendar days after deposit in the United States mail.

B. Where personal service or service by mail of the Compliance Order or the Notice of Hearing pursuant to subsection A of this section upon the property owner is unsuccessful, a Compliance Official shall cause all of the following to occur:

1. A copy of the Compliance Order or the Notice of Hearing, as appropriate, shall be posted conspicuously at the real property where the public nuisance is occurring. A Notice of Hearing shall be posted not less than 15 calendar days prior to the hearing referenced in the Notice; and

2. A copy of the Compliance Order or Notice of Hearing, as appropriate, shall be published for at least 3 consecutive days in a newspaper of general circulation in the City. A copy of the Notice of Hearing shall be published at least 10 calendar days prior to the hearing referenced in the Notice.

C. In the case of violations of subsection O of Section 8.50.070 [Unlawful property nuisances] only, the holder of any mortgage or deed of trust shall be served with a Compliance Order pursuant to subsection (A)(2) [service by mail] of this section at the address appearing on the recorded mortgage or deed of trust.

D. Notwithstanding any provision in this section, service by mail may be made to any responsible party at any address authorized or requested by such person.

E. The failure of any person to receive any notice required under this chapter and properly served, mailed, posted or published under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Ord. 2009-396 §1)