Gustine Municipal Code Art. 1 In General

This chapter may be cited as the "Gustine Nuisance Abatement Ordinance."

(Ord. No. 509, § 1, 1-19-2021)

The purposes of this chapter are to provide a just, equitable and practicable method for preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide city staff with enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost efficient manner.

(Ord. No. 509, § 2, 1-19-2021)

Except as otherwise provided in the other parts of this chapter, the following words, terms and phrases used in this chapter are defined as set forth in this section.

Abate means, but is not limited to, modifying, repairing, replacing, removing, securing, locking, demolishing, or otherwise remedying the condition in question by such means and to such extent as necessary.

Building means any structure, (including, but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential buildings or associated accessory structures) and any commercial, industrial or other establishment, warehouse, kiosk, sign or other structure affixed to or upon real property used as a dwelling or for the purpose of conducting a business, storage or any other activity.

City means the City of Gustine.

City council means the city council of the City of Gustine.

Code means the Gustine Municipal Code.

Compliance date means the date requested for correction of the violation(s) prior to the imposition of any administrative fines or penalties.

Day means calendar day.

Enforcement officer means either the building official, community service officer, public works director, fire chief, or police chief of the city, or their designees, when such persons have been delegated in writing the authority to enforce and administer the particular provisions of this chapter at issue in a particular matter.

Garbage means putrescible animal, fish, fowl, fruit or vegetable refuse, or any portion thereof, resulting from the growing, preparation, processing, storage, handling, transporting or consumption of foods.

Habitable means that a building, premises or property is suitable for occupancy per the standards set forth in the codes referenced in this chapter and/or those codes utilized by the city in the normal course of government operations.

Hearing officer means the hearing officer appointed by the city manager. The hearing officer may be a city employee, but in that event the hearing officer shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past 12 months or possess any disqualifying interest in the outcome of the proceeding.

Industrial waste means all liquid or solid waste substances, except sewage, from any production, manufacturing, processing or packaging operation.

Inoperative or inoperable means any vehicle that: (1) cannot be immediately started and driven under its own power on the streets and highways, or (2) is in an unsafe condition, or (3) is in any other condition specified in the California Vehicle Code which prohibits its placement and/or movement on the public streets or highways. This includes, but is not limited to, any vehicles, including trailers or vessels, not currently registered for operation on the public streets, highways or waterways.

Owner means any person, his/her heirs, executors, administrators or assigns, agent, firm, partnership or corporation having or claiming any legal or equitable interest in the property in question as listed on the last available equalized tax assessment roll for Merced County.

Premises means every house, dwelling, building, structure, enclosure, business establishment, lot, yard, location, place, alley, parkway, right-of-way, sidewalk, street, and every vehicle.

Property means all residential, industrial, commercial, agricultural, open space and other real property, including, but not limited to, front yards, side yards, driveways, walkways, alleys and sidewalks, and shall include any building or other structure, whether fixed or moveable, located on such property.

Refuse and rubbish means all putrescible and/or nonputrescible solid or liquid wastes, except sewage, whether combustible or noncombustible.

Responsible party means shall mean any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this Code, its adopted codes or applicable state codes.

Sewage means effluent or waste matter which is required to be disposed of through or should pass through sewers and the waste water treatment plant and is composed of human or animal feces, urine, toilet paper and any other such waste materials.

(Ord. No. 509, § 3, 1-19-2021)

The remedies provided in this chapter are cumulative to those provided by uniform codes. They are in addition to any remedies or "notice and order" which may be issued under any of the uniform codes (including without limitation by reason of enumeration, the California Housing Code, California Fire Code, California Building Code, and the Uniform Code for the Abatement of Dangerous Buildings) which are now or hereafter adopted by the city. All references to uniform codes shall be deemed to refer to the most recent edition of that code as adopted by the city.

(Ord. No. 509, § 4, 1-19-2021)

(a) Notwithstanding anything in this Code to the contrary, the city may recover its attorneys' fees in any administrative proceeding or special proceeding commenced by the city to abate a public nuisance, to enjoin violations of any provision of this Code, including its adopted codes, or to collect a civil debt owing to the city, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In these cases, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

(b) The city shall be considered a prevailing party entitled to attorneys' fees under subsection (a) when it can demonstrate that:

(1) Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;

(2) The lawsuit was meritorious and achieved its result by "threat of victory;" and

(3) The city reasonably attempted to settle the litigation before filing the lawsuit.

(Ord. No. 509, § 5, 1-19-2021)