Imperial Municipal Code Art. I Findings

(a) That the values and general welfare of this city are founded, in part, upon strict enforcement of building and zoning regulations, well-kept properties and upon the appearance and maintenance of properties and property values.

(b) That certain detrimental conditions, as hereinafter set forth, are injurious
or potentially injurious to the public health, safety and welfare of the
community by contributing to the problems of, and the necessity for,
expenditures for protection against hazards, diminution of property values,
prevention of crime, accidents, fires, and disease, and the preservation of
the community in a manner which is not offensive to the senses and which
does not interfere with the comfortable enjoyment of life and property.

(c) That the regulation of property as described herein reasonably relates to
the property exercise of the police power to protect the health, safety and
welfare of the public and that unless corrective measures are undertaken to
alleviate some present property conditions, the socio-economic standards
of this community will be depreciated.

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

(d) That the abatement of such detrimental conditions will enhance the
appearance and the values of neighboring properties and will benefit the
use and enjoyment of properties in the city.

(a) It is not intended by this article to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city is a party.

(b) The purpose of this article is to provide minimum standards for the
maintenance of property in the city.

(c) Where this article imposes a greater restriction upon property or structures
thereon than is imposed or required by existing provisions of law,
ordinance, contract or deed, the provisions of this article shall control.

(d) It is the decision of the city council that abatement of nuisances pursuant
to this article may be performed by contract awarded by the city council
on the basis of competitive bids let to the lowest responsible bidder
pursuant to California Public Contract Code section 20164, 20166, 20167,
and 20170 to 20174 inclusive. In such event the contractor shall keep the
account and submit the itemized written report for each separate parcel of
land required by section 14-17.

person having charge of property within the city shall maintain such property in a manner so as not to violate the provisions of this article, and such owner, lessee, occupant, or person having charge of property remains liable for violations hereof regardless of any contract or agreement with any third party regarding such property. The duty imposed by this section on a property owner shall in no instance relieve those persons herein referred to from the similar duty.

unless the context clearly indicates or requires a different meaning.

ABATE. To remove the source of the public nuisance either by correcting specific problems or by removal from public or private property.

ABATEMENT COSTS. Also referred to as COSTS OF ABATEMENT and ADMINISTRATIVE COSTS. They include all costs and expenses incurred by the city in abating a public nuisance. Such costs include, but are not limited to, the following: the actual expenses and costs to the city in the preparation of notices, specification and contracts; inspection of the work; any attorney’s fees expended in the abatement of the

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to California Health and Safety Code Section 520 and other statutory entitlements.

ABATEMENT COSTS shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.

ABATEMENT HEARING. The administrative hearing before the Hearing Officer after issuance of a notice to abate by an Enforcement Official.

APPLICABLE STATE CODE. Any law of the State of California which protects the health, safety, or welfare of the citizens of the City of Imperial.

BOARDED BUILDING. A building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.

BUILDING OFFICIAL. The Building Official of the City of Imperial.

CITY MANAGER. The City Manager of the City of Imperial.

ENFORCEMENT OFFICIAL. The City Manager, the Building Official, the Chief of Police and any employee or agent of the city so designated by them and charged with enforcing the Municipal Code of the city, or applicable state code.

HEARING OFFICER. The official designated by the City Clerk charged with presiding over the abatement hearing and responsible for issuing orders to abate public nuisances and costs.

INTERESTED PARTY. The owner, legal occupant, or holder of a recorded interest of a property subject to a notice or order to abate.

NONAPPROVED MATERIAL. A material utilized that is not approved by the city.

NOTICE TO ABATE. That notice of a nuisance on the property and instructions to abate as ordered by an Enforcement Official upon the finding of a nuisance.

ORDER. The order to abate a public nuisance issued pursuant to Section 14-6 of this chapter.

ORDER TO ABATE. The order of the city to abate a nuisance.

OWNER. The owner of record of real property.

POLICE CHIEF. The Chief of the Imperial Police Department.

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

PREMISES. Any real property or improvements thereon.

PUBLIC NUISANCE. Any nuisance designated in Section 14-4 of this chapter.

PUBLIC VIEW. Anything which can be seen by a person with average vision while on public property or areas of private property open to access by the public.

RECIPIENT. Any person, not necessarily the owner of the premises, who received a notice or order to abate pursuant to this chapter.

REFUSE AND WASTE. Unused or discarded matter or material having no substantial market value, and which consists of such matter and material as rubbish, refuse, debris, and matter of any kind, including but not limited to sludge, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, wood, crates, cartons, paper, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous, or nonferrous, furniture, or parts thereof, trimmings from plants or trees, cans, bottles and barrels containing refuse and waste matter. (Ord. 753)

14-4.1 Weeds: defined. (repealed ordinance No. 753)

nuisance for any person owning, leasing, occupying, or having charge or possession of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant, or other premises within the city, to maintain such premises in such a manner that any of the following conditions is found to exist thereon:

(a) Any violation of a federal, state, or local ordinance, land use plan, rule,
regulation, and/or any code adopted by reference in this code.

(b) Any industrial, commercial, or residential property not maintained in a
condition consistent with the approved plans or conditions.

(c) Any land, the topography, geology, or configuration of which, whether in
a natural state or as a result of grading operations, excavations, fill, or other
alteration, interferes with the established drainage pattern over a property or from
adjoining or other properties which does or may result in erosion, subsidence, or
surface water drainage problems so as to be injurious to public health, safety,
welfare, usability, or appearance to neighboring properties.

(d) Any building or structure left permanently unoccupied, permanently
abandoned, partially destroyed or in a state of partial construction for an
unreasonable period of time; a period of 90 days shall serve as a guide in

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

determining whether an unreasonable time has gone by. Exception: when there
exists a valid and active building permit, issued by the city, and construction is
actively ongoing to the satisfaction of the Chief Building Official, a period of 180
days shall govern in accordance with the most recently adopted edition of the
California Building Code.

(e) Any building or structure erected, altered, expanded, maintained or used,
contrary to the provisions of this code or any condition or requirement imposed
upon the structure.

(f) Any building or structure inadequately maintained or deteriorated in any
of the following ways:
(1) Peeling or discolored paint on the exterior of the structure;
(2) Broken or boarded up windows;
(3) Roof or ceiling in disrepair;
(4) Damaged porch, balcony, or stairways;
(5) Missing or damaged handrails or related safety equipment;
(6) Broken or missing window screens, if required;
(7) Broken or missing locks and latches on windows and doors.

(g) Any building, structure, or habitation constructed, maintained in violation
of any federal, state or local ordinance adopted by the city.

(h) Any building, structure, or habitation, that is overcrowded with the persons such that it unreasonably interferes with a neighboring resident’s right to access, use, or enjoy his or her property, or such that it impairs the general welfare of a neighboring resident, or provides inadequate sanitation for the number of occupants.

(i) Failure to secure and prevent public access into abandoned or vacant
buildings, structures, or portions thereof.

(j) Any fence, wall, or gate in any of the following conditions:
(1) Installed without the proper permits;
(2) Installed or maintained contrary with the conditions set forth in the
approved plans or permits;
(3) Damaged, broken, dilapidated, unsightly or inadequately maintained;
(4) Patch painted with colors that do not match;
(5) Patched or covered by plywood, metal, plastic, tarpaulin or other non
approved materials;
(6) Constructed of metal or plywood garage doors;
(7) Broken or non-working emergency access gates or equipment.

(k) Landscaping or any portion thereof, in the public view, in any of the
following conditions;

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

(1) Lack of turf, planted material, decorative rock, bark, planted ground
cover or coverings;
(2) Lawn or grass in excess of six inches in height or which is dead,
decayed, diseased or uncultivated;
(3) Harbors rats, vermin, excessive amounts of insects, or other potential
disease carriers;
(4) Obstructs vision of motorists of pedestrians;
(5) Encroaches into, over, or upon any public right-of-way, including, but
not limited to streets, alleys or sidewalks.

(l) Offensive or nauseating odor or smell created by garbage, garbage or
recycling containers, dead animals or other odor causing substances or materials.

(m) Any of the following conditions on any property or portion thereof viewable from the public right-of-way: (1) Lumber, trash, garbage, debris, refuse, waste matter or other salvage materials; (2) Hazardous pools, ponds and excavations; (3) Abandoned, broken or neglected equipment and machinery; (4) Furniture, appliances, play equipment or other household fixtures or equipment, except for lawn furniture; (5) Clotheslines, clothes or similar materials hanging or placed in front yards, side yards, porches, balconies or fencing; (6) Any type of item or material on roof top; (7) Accumulation of litter, trash, boxes, or other in front of doorways, on sidewalks, public walkways and other common areas used by the public; (8) Accumulation of litter, trash, boxes or other items in parking lots, planters and other landscaped areas; (9) Display, sale or use of merchandise, equipment, machinery or other items in, on or blocking public access sidewalks, walkways or common areas; (10) Temporary service bins, dumpsters, or storage containers stored on a public street or on private property; (11) Garbage cans, trash cans, recycling containers and bins, gabs and other trash collection devices in place before 5AM on the day of pick and 5AM the day after; (12) Commercial garbage or recycling bins stored outside the dumpster enclosure; (13) Accumulation of grease, oil or other hazardous liquids or materials on paved and unpaved surfaces, driveways, sidewalks, walkways or any other location; (14) Tarpaulins or other unapproved screening materials used for any purpose other than in emergency weather conditions; (15) Portable devices or equipment, including but not limited to play equipment, located or stored on any public street, sidewalk or public right-of-way;

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

(16) Storage of construction equipment, machinery, or building materials other than during operations conducted under a valid building, grading or demolition permit; (17) Cement mixers, construction trailers or other equipment parked for more than four hours at a location other than the site of the construction project; (18) Weeds; (19) Trees and shrubs in the following conditions: (a) trees and shrubs with dead or fallen limbs or branches which present a safety hazard or restrict, impede or obstruct the public right-of-way, easement or roadway or; (b) trees, shrubs and plants which grow out into or over a public right-of-way, easement, sidewalk or roadway where such growth restricts, impedes or obstructs pedestrian or vehicular use of said public right-of-way, easement, sidewalk or roadway.

(n) Any of the following conditions on parking lots, vehicular or pedestrian
access areas:
(1) Striping installed or maintained contrary to the conditions set forth in
the approved plans or permit;
(2) Potholes, major cracks or other conditions which reflect inadequate or
poor maintenance;
(3) Vehicular stall markings have become deteriorated or are non-existent;
(4) Pedestrian walkway markings, if required, which are deteriorated or
non-existent;
(5) Lack of the required number of handicap parking stalls or handicap
walkways;
(6) Lack of the required handicap stall signage;
(7) Required curb markings or signs installed improperly;
(8) Required curb markings or signs not maintained in a good condition.

(o) Growth on palm trees, including but not limited to, dead or decayed palm
fronds, noncommercial fruit, or flowers/pollen hanging from palm trees.

(p) Repairing or dismantling any vehicle or motorized equipment viewable
from a public right-of-way unless:
(1) The repairing or dismantling is conducted in an enclosed garage where
the vehicle or equipment is registered to and owned by a person permanently
residing on the property;
(2) The repairing or dismantling can be started and completed in less than
24 hours.

(q) Any repairing or dismantling of any vehicle or motorized equipment on
any vacant lot, commercial or industrial parking lot including those associated
with auto repair or auto parts stores, public street, private street or alley.

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(r) Any swimming pool, spa, pond, fountain or other body of water which is unfiltered or not otherwise maintained, resulting in the water becoming polluted. ”Polluted water” means water which contains bacterial growth, algae, insects, animal life, rubbish, refuse, dirt, debris, papers, chemicals, or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition.

(s) Any outdoor burning of any material, structure, matter or thing, unless
authorized by the Fire Marshal or authorized representative by issuance of a
permit to do so.

(t) Any property with dirty water, sewage or any other substance, including
but not limited to, urine or other bodily matter, discolored water, contents of
septic tanks, cesspools or privy vaults, which flows onto public or private
property.

(u) Any premises, building or structure, wall, fence, pavement, or walkway
which is painted in a garish manner, or in bright, fluorescent, or luminescent
colors, which is out of harmony or conformity with the standards of adjacent
properties.

(v) To leave or permit any abandoned, attended or discarded icebox,
refrigerator, freezer or other container which has an airtight door or lid with a
snap lock or other device which may not be released from the inside, to be left
outside of any building or structure at any time.

(w) Stockpiling of fill dirt or other material without a permit.

(x) Maintain premises or property in such a manner as to cause a hazard to the
public obscuring the visibility of any public right-of-way, road intersection or
pedestrian walkway.

(y) To construct or maintain a privy within the City in any manner that does
not comply with the Health and Safety Code.

(1) California Drug Abatement Act. The city may:
(A) Declare that a public nuisance exists whenever any member of
the public creates, causes, commits, permits or maintains any condition or
performs or causes to be performed any activity that falls within the scope of the
definition of “public nuisance” as set forth in the California Health and Safety
Code Section 11570; and
(B) Commence any action or proceeding pursuant to the California
Drug Abatement Act to abate the public nuisance, to pursue all other remedies
against the violator, to seek the imposition of all penalties against the violator and
to recover any and all costs from the violator.

IMPERIAL CITY CODE CHAPTER 14 – ABATEMENT OF NUISANCES

(2) Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. Every successive owner of property who neglects to abate continuing nuisance upon, or in the use of, such property, created by the former owner is liable therefore in the same manner as the one who first created it. (Ord. 753)

(a) The city manager shall have authority to designate, by written order, particular officers or employees as a code enforcement officer. The code enforcement officer shall have the authority to do all acts necessary to enforce the provisions of this article as well as other provisions of this Code as set forth in an order of the city manager.

(b) The code enforcement officer is hereby authorized by the city council,
pursuant to sections 836.5 and 119(d) of the California Penal Code and
subject to the provisions thereof, to arrest a person without warrant
whenever the code enforcement officer has reasonable cause to believe
that the person to be arrested has violated a provision of this article or such
other section of this Code which he/she has been authorized by the city
manager to enforce, in the code enforcement officer’s presence or fails to
correct a violation and therefore has committed an infraction which the
code enforcement officer has the discretionary duty to enforce.

(c) The code enforcement officer is further authorized by the city council to
issue a “Notice to Appear” and to release such person on his or her written
promise to appear in court, pursuant to sections 853.5 and 853.6 of the
California Penal Code. Under no circumstances may the code
enforcement officer take the person to be arrested into custody. In the
event that the person to be arrested demands to be taken before the
magistrate or refuses to provide his or her written promise to appear in
court, the code enforcement officer must either summon an Imperial
police officer, explain the situation, and request that the police officer
arrest the person and take the person into custody, or seek assistance of the
city attorney, and request that an infraction complaint be prepared and
filed against the person.