Irvine Municipal Code Ch. 6 Property Maintenance

The purpose of this chapter is to establish minimum property maintenance standards for and to specifically identify any condition or use of premises or of building exterior that is not safe, a health hazard, unsightly by reason of its condition, and/or detrimental to the property of others; and to establish procedures for the prosecution and abatement of public nuisance conditions identified in this chapter.

(Ord. No. 01-09, § 1, 10-23-01)

The maintenance of nonresidential and multifamily apartment properties in a manner inconsistent with Article b of this chapter is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and to be injurious to the health, safety and general welfare. Therefore, any nonresidential property or multifamily apartment property that is not maintained by a responsible party in a manner consistent with Article b of this chapter, that is not safe, or is a health hazard, unsightly by reason of its condition and/or detrimental to the property of others, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. No. 01-09, § 1, 10-23-01)

The following words and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:

Collection of solid waste. The operation of gathering together and transporting solid waste to the point of disposal by a solid waste hauler permittee pursuant to Title 6, Division 7 of this Code.

Inoperable vehicle. A vehicle is "inoperable" if it is:

A. Mechanically incapable of being driven; or

B. Prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code § 4000, 5202, 24002, or 40001 (concerning license plates, registration, equipment, safety and related matters).

Multifamily apartment property. Any property permitted, constructed, and used for multifamily apartment housing. Sidewalks, parkways, and streets adjacent to multifamily apartment property shall be considered multifamily apartment property for purposes of this title.

Nonresidential property. All property that is not permitted and used for residential purposes. Landscaping between the curb of any street abutting a nonresidential parcel and the property line of the nonresidential parcel shall be considered nonresidential property for purposes of this title.

On or in front of real property. Includes all areas of the real property including, but not limited to, the rear, side, or front yard areas, parkways, private sidewalks, or on abutting streets, except for items contained within a receptacle for collection of solid waste pursuant to Division 7 of Title 6 of this Code.

Responsible party. Any person(s) or entity(ies) that hold(s) legal and/or equitable title to the real property and/or dwelling unit, including any property owner, lessee or tenant, or any agent or representative thereof, who causes or permits any violation of this Code. To cause or permit includes failure to correct or cause correction after receiving notice from the City of the violation.

Vehicle. An automobile, truck, motorcycle, trailer, and any other device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power.

Waste material. All waste which includes, but is not limited to:

A. Animal or human offal, asphalt, inoperative bicycles and parts, boards, inoperative boats and parts, bottles, boxes, bricks, cans, cartons, cement, cinder blocks, concrete, containers, crates, dirt, doors, equipment, glass, gravel, hoses, lumber, machinery, metal, paint, pallets, paper, pipe, plaster, rebar, rocks, rubber, sand, siding boards, stucco, tiles, windows, wire, wood, and other similar materials.

B. Trimmings, clippings and cuttings from lawns, shrubs and trees, and all dead or uprooted grass, sod, shrubs, trees, vegetables and dirt, and firewood piles.

C. Rugs, bedding, furniture, utensils, clothing, toys, appliances, household supplies and equipment.

D. Vehicle bodies, motors, tires, parts and accessories.

E. Any other similar item and materials of residential, commercial or industrial nature existing in an unusable, inoperative, discarded or abandoned condition.

Weeds. Plant material that is noxious or dangerous, and/or dry grass, stubble, brush, or other flammable material that (i) creates a fire hazard, (ii) may provide a breeding place or refuge for rodents, insects or other vermin, (iii) may produce pollen which is injurious to the health, safety, comfort or welfare of residents, or (iv) causes a condition of unsightliness.

(Ord. No. 01-09, § 1, 10-23-01)

Except as provided in Section 4-11-606, it shall be unlawful for any responsible party having charge or possession of any nonresidential property or multifamily apartment property in the city to fail to maintain any such property, or any building or structure on such property, in conformance with the standards contained in Article b (commencing with Section 4-11-610 of this chapter.)

(Ord. No. 01-09, § 1, 10-23-01)

A violation of this chapter is a misdemeanor pursuant to Section 4-13-103, and such violation may be established by evidence obtained by the Chief Building Official or his/her designees.

(Ord. No. 01-09, § 1, 10-23-01)

The provisions of this chapter shall not apply to the following:

A. Construction activities. Any material currently in use in the course of lawful construction, demolition or landscaping on the site.

B. Stored materials. Any lawfully stored material contained within a fully enclosed structure or lawfully constructed solid, opaque wall, or fence, so long as such material is not in a condition as to be detrimental to the health, safety, or welfare of the inhabitants of such real property, the public, or any adjoining property.

Nothing in this section shall be construed as authorizing the maintenance of a public or private nuisance.

(Ord. No. 01-09, § 1, 10-23-01)

All nonresidential property and multifamily apartment property in the City shall be maintained at a level not less than the following standards:

A. Building exterior maintenance. Surfaces and roofs shall be maintained and painted, free of significant cracks, missing materials and/or warping due to dry rot, pest infestation, fungus, and the like, which either threaten the structural integrity or result in a dilapidated, decaying, disfigured, or partially ruined appearance and/or a state of disrepair.

B. Paint. Painted surfaces on buildings, trash enclosures, walls, retaining walls, and structures shall be maintained to prevent decay, excessive checking, cracking, peeling and chalking, that renders structures unsound or unsightly.

C. Parking areas, parking lots, private sidewalks, driveways, walkways, private alleys. Parking areas, parking lots, private sidewalks, driveways, walkways, private alleys and other vehicular and pedestrian access and travel areas shall be maintained free of potholes, breaks, surface lifting, and/or deteriorated conditions. Striping shall be visible. Such areas shall be maintained in a clean manner.

D. Landscaping. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Tree pruning standards are addressed in the Urban Forestry Ordinance, Chapter 4 of Division 7 of Title 5 of this Code. All irrigation systems shall be kept operable, including adjustments, replacements, repairs and cleaning as part of regular maintenance. All landscaped areas shall be kept free of weeds and waste material. If a nonresidential property is proposed for industrial, commercial or institutional use, maintenance of any landscaping between the curb of any street abutting the parcel and the property line shall be the responsibility of the owner of that parcel, unless a recognized association district or the City has assumed responsibility for maintenance.

E. Signs. Signs shall be maintained in such a manner as to prevent deterioration, disrepair, and unsightliness, and shall be legible and painted equal in quality and design to the originally permitted sign. Abandoned signs or signs pertaining to occupants or activities no longer using the property are prohibited. In circumstances where signs have been removed, the building or structure upon which the sign was affixed shall be restored to its original, pre-sign, condition.

F. Walls, fences, equipment screening (includes trash enclosures). Walls, fences, and equipment screening (including trash enclosures) shall be kept free of significant surface cracks, dry rot, warping, deterioration, leaning, or missing panels or blocks which threaten structural integrity or result in a dilapidated, decaying, disfigured, or partially ruined appearance.

G. Trash bins, dumpsters. Trash bins and dumpsters shall be kept within an enclosed building, trash enclosure or screened from public view. No overflow of waste material shall be permitted. Enclosure areas shall be maintained in a clean and sanitary condition. The responsible party with respect to a nonresidential property or a multifamily apartment property shall provide an adequate number of collections to prevent overflow of waste material from bins.

H. Windows, window screens. Broken windows, and the use of materials other than glass or window equivalent glazing material as a replacement for a window, are prohibited. Screens shall be maintained free of tears, rips and holes.

I. Lighting. Outdoor lighting shall be maintained and installed so that direct rays are primarily confined to site and adjacent properties protected from glare. Exterior light fixtures shall be maintained in good working order, free of broken lamps, lenses and light bulbs. Structural integrity of supporting poles and mounting fixtures shall be maintained.

J. Permitted outdoor storage and equipment areas. Where permitted, storage items shall be screened from public view, maintained in neat and orderly condition.

K. Excavations. Excavations shall be properly secured to prevent access by unauthorized persons.

L. Vehicle parking, storage. Keeping of inoperable vehicles in public view is prohibited. Parking on unpaved areas and/or lawns is prohibited.

(Ord. No. 01-09, § 1, 10-23-01)

Compliance with the standards contained in this article shall be at the sole cost of the responsible party for the nonresidential property and/or the multifamily apartment property, and shall not limit the remedies or recovery of costs for the abatement of any real property condition found to be in violation of this Code.

(Ord. No. 01-09, § 1, 10-23-01)

In the event that a nonresidential property or a multifamily apartment property violates any of the provisions of Article b (commencing with Section 4-11-610) of this chapter, the Chief Building Official or his/her designee shall make a reasonable effort to contact the responsible party to correct the violations of this chapter and grant the responsible party reasonable time, as warranted, but not less than 14 days, to abate the violation. Following such reasonable effort, the Chief Building Official or his/her designees are authorized to abate, or cause to be abated, any conditions found to be in violation of this chapter, and such abatement action may include, but is not limited to, the implementation of standards in Article b of this chapter.

In the event that a nonresidential property or a multifamily apartment property violates any of the provisions of Article b (commencing with Section 4-11-610) of this chapter, the Chief Building Official or his/her designee shall serve notice upon the responsible party in the manner set forth in Section 4-11-633. Upon serving such notice, the Chief Building Official or his/her designee shall make a reasonable effort to contact he responsible party and to seek abatement of the violation, and the Chief Building Official or his/her designee may by written notice grant the responsible party a reasonable period of time, as determined by the Chief Building Official or his/her designee, to abate the violation.

(Ord. No. 01-09, § 1, 10-23-01)

The Chief Building Official or his/her designees may enter upon private property to inspect or abate any violation of, or nuisance prohibited by, this chapter upon:

A. Receipt of consent from the owner or occupant of the affected premises; or

B. Obtaining a warrant authorizing such as inspection and/or abatement. Such city official may enter the private property immediately, if the nuisance presents a significant and immediate threat to the public health, safety, or welfare.

(Ord. No. 01-09, § 1, 10-23-01)

A. The notice required by Section 4-11-630 shall be given by posting the notice in a conspicuous place on or in front of the real property upon which the condition in violation of Article b of this chapter exists. Said notice shall be headed "Notice to Abate Nuisance" in letters not less than one inch in height; and the notice, in legible characters, shall direct the removal of the subject property condition, and refer to this chapter for further particulars. Said notice shall be in substantially the following form:

NOTICE TO ABATE PUBLIC NUISANCE

Notice is hereby given that contrary to the provisions of Chapter 6 of Division 11 of Title 4 of the Irvine Municipal Code, conditions detrimental to the public health, safety or welfare exist upon or in front of the following described property: [give the address of the subject property] ("The Property"). In particular, The Property contains the following conditions which must be removed and/or repaired [describe property conditions violative of Article b of this chapter]. Said conditions constitute a public nuisance which must be abated by their removal and/or repair. Unless said removal and/or repair is made within 10 working days from the date of this notice, the same shall be removed by the City, and the cost of the removal assessed upon the land from which, or in front of which said condition exists, and such costs so assessed will constitute a lien upon such land until paid.

All persons having any objection to the proposed required removal may appeal to the Zoning Administrator, in writing, within 10 working days from the date of this notice.

Dated this ___ day of ________, 20___.

___________

Chief Building Official

City of Irvine, California

B. As an alternative to posting of notice, the notice required hereby may be given by personal service of a notice similar in substance, by serving the same upon the owner of such lot, piece or parcel of land, or by mailing said notice by depositing such notice in the general delivery United States mail, at Irvine, California, and addressed to the owner of such lot, piece or parcel of land, at the address shown by the last equalized assessment roll.

C. The notice shall bear the date of posting, personal service or mailing.

(Ord. No. 01-09, § 1, 10-23-01)

A. Within 10 working days from the date of providing a "notice to abate public nuisance" as authorized by Section 4-11-630, any person interested in the property, land or lots affected by said notice may appeal to the Zoning Administrator from the determination of the Chief Building Official; such appeal shall be in writing and shall state the objections and the name and address of the person filing the appeal. The appeal shall be filed with the City Clerk and shall be presented by the Clerk to the Zoning Administrator at the next regular meeting of the Zoning Administrator following the date of filing. The Zoning Administrator, at such meeting, or at such meeting to which the matter may be continued by the Zoning Administrator, shall hear and pass upon the appeal.

B. Within 10 working days from the date of the decision of the Zoning Administrator, any person interested in the property, land or lots affected by said decision may appeal to the City Council the determination of the Zoning Administrator; such appeal shall be in writing and shall state the objections and the name and address of the person filing the appeal. The appeal shall be filed with the City Clerk and shall be presented by the Clerk to the City Council at the next regular meeting of the City Council following the date of filing. The City Council, at such meeting, or at such meeting to which the matter may be continued by the City Council, shall hear and pass upon the appeal.

C. Upon the hearing of the appeal, the City Council shall consider all objections or protests, if any, to the proposed removal of the nuisance conditions and may continue the hearing. Upon conclusion of the hearing, the City Council by resolution may determine whether to affirm, revise or modify the decision of the Zoning Administrator. The decision of the City Council on the appeal shall be final and subject to judicial review in accordance with California Code of Civil Procedure § 1094.6.

(Ord. No. 01-09, § 1, 10-23-01)

The Chief Building Official or his/her designees shall not undertake to abate any nuisance pursuant to this chapter until he/she has made a reasonable effort to personally contact any responsible party protesting the order to abate, in order to explain the purpose of the program, handle any special problem, and grant the responsible party additional time if warranted to provide his/her own abatement.

(Ord. No. 01-09, § 1, 10-23-01)

Any responsible party may have the nuisance conditions removed and abated at his/her own expense if it is done before the arrival of the City representative to remove such conditions pursuant to this chapter.

(Ord. No. 01-09, § 1, 10-23-01)

A. If the responsible party does not initiate an appeal pursuant to Section 6-11-633, and the condition in violation of Article b has been not removed or remedied as directed by said notice, the Chief Building Official thereupon shall cause the same to be removed or remedied, and may enter upon private property for the purpose of so doing.

B. If the responsible party appeals pursuant to Section 6-11-633, and the appeal is overruled in whole or in part, then within 10 working days from mailing (to the attention of the appellant, at the address shown in the appeal) written notice of the Zoning Administrator's determination, the Chief Building Official or his/her designee shall cause the conditions identified in the notice to be removed or remedied and may enter upon private property for the purpose of so doing. No action shall be taken by the Chief Building Official or his/her designee, however, if prior to the expiration of said 10 working days period, the condition in violation of Article b has been removed or remedied as directed by said notice.

C. If upon appeal the requirements of the original notice had been modified by the Zoning Administrator, the Chief Building Official in causing said condition to be removed or remedied shall be governed by the determination of the Zoning Administrator.

(Ord. No. 01-09, § 1, 10-23-01)

The Chief Building Official shall keep or cause to be kept in his or her office a permanent record showing the legal description, as shown on the last equalized assessment roll of the County of each piece of property or lot from which, or the street, alley, sidewalk, or right-of-way abutting said property from which the condition in violation of Article b has been removed or remedied under the provisions of this chapter; and said record book shall show any and all expense incurred in the City in the removal or remediation of said condition as said expense relates to each separate property ownership. Each entry in said record book shall be made upon the completion of work done on each piece of property or lot or upon the street, alley, parkway or sidewalk abutting thereon. After such entry has been made in said book, the same shall constitute an assessment against the parcel of land and thereafter said assessment shall be confirmed by motion of the City Council; and the assessment, after made and confirmed, shall become a lien upon the parcel.

(Ord. No. 01-09, § 1, 10-23-01)

Between the first and the 30th day of June of each year the Chief Building Official shall cause to be published in a newspaper of general circulation in the City a notice to the effect that any person affected or aggrieved by any act of determination of the Chief Building Official or the Zoning Administrator in connection with the provisions of this chapter may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk prior to the 15th day of July. At the next regular meeting of the City Council, after the 15th day of July, or from time-to-time thereafter as may be determined by the Council, the Council shall hear and pass upon each such appeal; and the determination of the Council thereupon shall be final and conclusive. In the event any determination of the Chief Building Official is modified by determination of the City Council or any assessment changed or corrected, the Chief Building Official shall cause such direction to be made upon the records showing the assessment.

(Ord. No. 01-09, § 1, 10-23-01)

At the expiration of the time for appeal or upon the determination by the City Council of all appeals so filed and in compliance with the requirements of any determination so made, the Chief Building Official shall deliver to the City Clerk an abstract of the entries of the permanent record in which the Chief Building Official has shown each assessment, for the preceding fiscal year. Such abstract shall show the property affected and the amount charged there against. The City Clerk, prior to August 10 of each year, shall deliver to the County Auditor the amount of each such charge to be placed upon the assessment all against the respective lot; and thereafter, said charges shall be of the same character and effect, shall be subject to the same penalties, and shall be collected in the same manner and at the same time as city taxes are collected. The provisions of this section shall not apply to any piece of property or land or lot the charge against which has been paid prior to the delivery to the City Clerk of said abstract, but in such case an appropriate entry shall be made in the record book by the Chief Building Official showing that such charge has been paid, so that when the same is delivered to the City Clerk all assessments shown thereon shall be valid and effective.

All laws applicable to the levy, collection and enforcement of City taxes shall be applicable to any assessment made pursuant to this chapter.

The County Tax Assessor, in his/her discretion, may issue separate bills for such assessments made pursuant to this chapter and separate receipts for collection on account of such assessments.

(Ord. No. 01-09, § 1, 10-23-01)

Proof of the posting, service in person or mailing of any notice, order or determination provided for in this chapter shall be by affidavit of the person performing the duty; and said affidavit must specify the time when the duty was performed. It shall be the duty of the City Clerk to keep such affidavits among the official records in his or her office.

(Ord. No. 01-09, § 1, 10-23-01)

A. All or any portion of any special assessment, penalty or costs heretofore or hereafter entered shall, on order of the City Council, be cancelled by the County Assessor if uncollected, or, except as provided in Subsection 2 hereof, be refunded by the Director of Finance, if collected, if it was entered, charged or paid:

1. More than once;

2. Through clerical error;

3. Through the error or mistake of the City Council or of the Chief Building Official in respect to any material fact, including the case where the cost report rendered and confirmed as herein before provided shows that the City abated the nuisance but such was not the actual fact;

4. Illegally;

5. On property acquired after the lien date by the State or by any county, city, school district or other political subdivision, and because this public ownership is not subject to sale for delinquent taxes.

B. The provisions of this section shall not apply to cancellations. No order for a refund under this section shall be made except on a claim:

1. Verified by the person who paid the special assessment, his guardian, executor or administrator.

2. Filed with the City Clerk on or before March 1 after the tax became due and payable.

(Ord. No. 01-09, § 1, 10-23-01)