Chapter 21.72 — PROPERTY MAINTENANCE

(a) Property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private property. Within La Mirada, owners and occupants of some properties have permitted visual blight, including but not limited to deteriorated buildings, overgrowth of vegetation, damaged and deteriorated fencing and other structures, and the accumulation of broken or discarded property. The city finds that the existence of such conditions is injurious to the public health, safety, and general welfare of residents of and visitors to La Mirada, and contributes to the deterioration of residential and nonresidential areas.

(b) Abatement of these conditions is in the best interest of the health, safety and welfare of the citizens of La Mirada. A city-wide minimum set of standards for property maintenance can provide benefits to the community that can protect the livability, appearance, and social and economic stability of La Mirada; contribute to the appreciation of property values; improve the physical character of residential, commercial and industrial zones; attract capital investors; increase commercial trade and industrial productivity; and increase in the tax base of the city. Minimum property maintenance standards can also benefit the community by reducing the risks to health, safety, and general welfare that exist due to deterioration, dilapidation, and blight.

(c) The uses and abuses of property described in this chapter and the property maintenance standards provided herein relate to the proper exercise of police power to protect the health, safety, and welfare of the public. (Ord. 612 Exhibit A (part), 2008).

(a) This chapter promotes the health, safety, and general welfare of the public by prescribing standards applicable to the maintenance and use of property within the city which will protect the livability, appearance, and social and economic stability of La Mirada, and which will also protect the public from the health and safety hazards. (b) The provisions of this chapter are not intended to regulate artistic, cultural, or religious expression. (Ord. 612 Exhibit A (part), 2008).

In the event of any inconsistency between this chapter and any other provisions of this title or other sections of the Municipal Code, or in the event that this chapter conflicts with laws of the state or other city ordinances, the higher standard - the standard that provides for a higher level of property maintenance - shall prevail, unless otherwise specified. This chapter shall supplement and be an addition to the other relevant regulatory codes, statutes, and ordinances enacted by the city, State of California, or any other legal entity or agency having jurisdiction. (Ord. 612 Exhibit A (part), 2008).

(a) Unless otherwise exempted herein, owners or operators of all property shall comply with the provisions of the property maintenance standards set forth in this chapter. Property maintenance standards shall apply to all development, whether constructed before or after the effective date of this chapter.

(b) When used in this chapter, the words, terms and phrases defined herein shall have the meaning and construction given herein, except when used in a context which clearly indicates a different meaning or construction. Any word, term, and phrase not specifically defined herein, but defined in this Title 21, shall be given the meaning and construction set forth in this title.

(1) Single-family means all property in the R-1 zoning district, and shall also include all property actually used for single-family residential and second unit housing, notwithstanding the underlying zoning of the subject property, and all districts combined with any R-1 zoning district.

(2) Multi-family means all property in the R-3 and R-4 zoning districts, and shall also include all property actually used for multi-family residential purposes, notwithstanding the underlying zoning of the subject property and all districts combined with the R-3 and R-4 zoning districts.

(3) Commercial means all property classified as a commercial zoning district pursuant to Chapter 21.20. Additionally, commercial shall mean and include all property actually used for such commercial purposes, notwithstanding the underlying zoning of the subject property, and all districts combined with any commercial district.

(4) Industrial means all property classified as an industrial zoning district pursuant to Chapter 21.22. Additionally, industrial shall mean and include all property actually used for industrial purposes, notwithstanding the underlying zoning of the subject property, and all districts combined with any industrial district. (Ord. 612 Exhibit A (part), 2008).

(a) General. All properties within the city shall be kept and maintained in a clean, neat, orderly, operable, and usable condition that is safe both to occupants and passers-by. This requirement applies to buildings, portions of buildings, paving, fences, walls, landscaping, water, earth, and any other structure or natural feature.

(b) Prohibition on Attractive Nuisances. Any property which can be easily accessed by children must be kept clear of attractive nuisances that create a danger for children and other persons, including but not limited to abandoned, neglected, or broken equipment, machinery, appliances, refrigerators or freezers; construction materials and construction equipment; and hazardous pools, ponds, and excavations.

(c) Building Maintenance. All buildings, structures, and paved areas shall be kept and maintained in a manner so as to not detract from the appearance of the immediate neighborhood or district, and to protect the health, safety and welfare of the user, occupant, and the general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated conditions including, but not limited to, the following:

• (1) Faulty, sagging, or leaking roof and roofs, missing roof tiles, or other visible roofing materials;

• (2) Substantial areas of deteriorated building siding materials including, but not limited to, dry rot, termite infestation, dented or rusting metal siding, broken or missing pieces of stucco, or other siding materials;

• (3) Broken or missing windows;

• (4) Inadequate site drainage and/or standing water adjacent to building foundations;

• (5) Broken or inoperable sanitary and plumbing facilities and/or fixtures;

• (6) Broken or missing foundation;

• (7) Broken, torn or missing attic vent screens;

• (8) Broken, ripped or torn window screens;

• (9) Structural defects such as warped, bowed or sagging structural members including, but not limited to,

headers, sills, beams, eaves, doorways, doorjambs, and similar structural or architectural elements;

• (10) Holes in siding areas;

• (11) Weathered or peeling paint.

(d) Fencing and Walls. All fences and walls shall be kept and maintained in a manner that does not to detract from the appearance of the immediate neighborhood or district, and that protects the health, safety, and welfare of the user, occupant, and general public. Fences and walls shall be deemed substandard and in violation of this chapter when they display evidence of dilapidation or other conditions, such as any or all of the following:

• (1) Sagging, broken, rotted, or defective support posts or other structural members.

• (2) Missing or broken fence boards.

• (3) Damaged or missing blocks from a block wall.

• (4) Substantial areas of deterioration including dry rot, broken or missing pieces or stucco, holes, or warped or leaning fence or wall areas.

• (5) Chain link fence material which is damaged or broken.

• (6) Portions of the fence or wall which are substantially defaced with graffiti.

• (7) Any condition of deterioration or any fault resulting in the fence or wall being structurally unsound or otherwise hazardous to property owners, occupants, or passersby.

• (8) Height extensions of walls or fences in violation of this title.

(e) Litter and Refuse. All yards, landscaped areas, and other areas of private property surrounding buildings shall be kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, broken or discarded furniture, boxes, salvage materials, shopping carts, and other such material and equipment which, by its appearance, location or use, makes it incompatible with the principal use or other predominate principal uses in the immediate neighborhood.

• (f) Private Streets, Sidewalks, and Driveways.

(1) All parking, loading, storage, driveway, and vehicle maneuvering shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of inoperative vehicles, abandoned items, trash, debris or rubbish, furniture, equipment, play equipment, or similar materials, and free of potholes, sinkholes, standing water, cracks, and/or broken areas. Parking spaces delineation, pavement striping and related features, and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged, or destroyed to such an extent as to no longer be effective. Such areas shall, further, be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below such areas.

(2) When any paved area, which includes sidewalks, driveways, and private roadways, shows evidence of dilapidated or deteriorated conditions, it shall be deemed substandard and in violation of this chapter.

• (g) Landscaping and Vegetation.

(1) All landscaped areas shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood or district, and that protects the health, safety, and welfare of the user, occupant and general public.

• (2) Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area.

(3) Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy, growing condition. Irrigation systems shall be kept in good working condition and repair so as to prevent leaks or public health hazards.

(4) Vegetative overgrowth shall not be permitted in a manner that is likely to harbor rodents, vermin, insects, or other nuisances; or impedes, obstructs, or denies pedestrian or other lawful travel on sidewalks, walk-ways or other public rights-of-way.

• (h) Maintenance Responsibility.

(1) It shall be the responsibility of any owner of any building, structure, residence, property, grounds or lots to ensure or compel compliance with the property maintenance standards set forth in this chapter on private property

within La Mirada.

(2) It shall be the responsibility of any owner, tenant, lessee, or occupant of any building, structure, residence, property, grounds or lots to remove debris and remove any vegetation that is in violation of this chapter that has accumulated on any streets within the city, if such person(s) placed the debris on such private property or streets, or otherwise owns, is occupying, or has custody or control over such private property or streets.

(3) Vacant and undeveloped property shall be required to be view obscured from the public right-of-way with decorative screen fencing in combination with berms and automatically irrigated landscaping, subject to the approval of the Planning Division.

(Ord. 618, 2008; Ord. 612 Exhibit A (part), 2008).

(a) Storage - Front Yard and Side Yard Abutting a Street.

(1) The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, furniture, patio furniture, equipment, basketball hoops, play equipment, and similar materials.

(2) Notwithstanding the provisions of subsection (a)(1) of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise inoperative motor vehicle upon a paved driveway or paved parking area. However, that such emergency or minor repair shall be concluded within seventy-two hours of the commencement thereof.

(3) Notwithstanding the provisions of subsections (a)(1) and (2) of this section, a side yard abutting a street shall be treated the same as a rear yard, so long as the side yard abutting a street is screened by an approved wall or fence in a manner so the items set forth in subsection (a)(1) of this section are not visible from the abutting street.

(b) Storage - Side Yard not Abutting a Street.

(1) All storage of materials including, but not limited to, trash and trash receptacles, newspapers, maintenance tools, equipment, camper shells not mounted on motor vehicles, boats and trailers, but not including inoperative vehicles, appliances, furniture, play equipment, and similar materials within side yards shall be screened by approved walls, fences, and/or landscaping materials from view from abutting property, public and private streets, and public and private right-of-ways. Reasonable pedestrian access shall be provided for public safety purposes.

(2) Parking or storage of motor vehicles and/or trailers shall occur upon an approved driveway, or other allowed paved or surfaced area.

(3) All storage within the side yard shall be kept and maintained free of weeds, overgrown grass or plant material, debris, litter or any combination thereof.

(4) Any and all firewood stored on a single-family lot shall be cut to fireplace size, shall be neatly stacked and stored out of public view, and shall not exceed two cords in amount.

(c) Storage - Rear Yard.

(1) All storage of materials within rear yards shall be screened by approved walls, fences, and/or landscaping materials from view as seen from abutting property, public and private streets, and public and private right-of-ways. Storage of materials include, but not limited to, trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment or currently licensed boats and trailers, camper shells not mounted on operative motor vehicles. Inoperative motor vehicles shall not be stored in the rear yard.

(2) Unless a lower percentage is set forth in this title, any materials stored, kept, or maintained pursuant to subsection (c)(1) of this section shall not cover an area greater than twenty-five percent of the total square footage of the rear yard.

(3) All storage within the rear yard shall be kept and maintained free of weeds, overgrown grass or plant material, debris, litter or any combination of such materials.

(d) Storage - Garage and Carports. Storage of materials in a garage or unscreened storage of materials in a carport is prohibited if such storage restricts the parking of an operative motor vehicle in the required parking spaces. Storage of materials includes, but not limited to, trash, trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, and equipment.

• (e) Motor Vehicle Parking.

(1) Except as otherwise provided in this title, all parking of currently licensed and operative motor vehicles, currently licensed trailers, and boats on a single-family lot or parcel shall occur within a garage, or approved carport, or upon an approved driveway, or other allowed paved parking area within the front yard, or within the side yard or rear yard. If parked in a side yard, a pedestrian access way shall be maintained on one side yard.

(2) No motor vehicle or part thereof shall encroach onto the public right-of-way where a sidewalk is present.

• (f) Solid Waste Containers.

(1) All residences located in any area in which collection is by the city or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections.

(2) All items too large to fit into containers, such as, but not limited to, appliances, furniture and mattresses, shall be disposed of by self-transport of such items to end-disposal facilities.

(3) All loose materials which normally fit into containers but which are excess as a result of special

circumstances such as holidays shall be bundled and tied securely to prevent them from blowing or scattering and shall be placed beside the containers.

• (4) Containers shall be kept covered at all times.

• (5) Any container which does not conform to prescribed standards or which has defects likely to hamper

collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container.

(6) Solid waste containers shall not remain at curbside or anywhere in the front yard for more than forty-eight hours.

(7) No resident shall deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(8) Removal of trash or other scavenging from private residential solid waste containers is prohibited. (Ord. 612 Exhibit A (part), 2008).

(a) Storage - Yards.

(1) All front, side and rear yards, including side yards abutting a street, shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats and trailers, camper shells not mounted on motor vehicles, discarded or broken materials, appliances, furniture, play equipment, equipment, and similar materials. All rubbish, trash, and debris shall only be kept within approved trash enclosure(s).

(2) Notwithstanding the provisions of subsection (a) of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise inoperative motor vehicle within a paved area. However, such emergency or minor repair shall be concluded within seventy-two hours of the commencement thereof.

(b) Storage - Garage and Carports. No storage of materials including but not limited to, trash, trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, and debris, shall be

permitted within any garage, nor shall there be any unscreened storage of such materials in any carport in any manner that restricts the parking of an operative motor vehicle in the required parking spaces.

(c) Motor Vehicle Parking. Except as otherwise provided in this title, all parking of motor vehicles on a multifamily lot or parcel shall occur within a garage or carport or upon an approved paved parking area.

(d) Solid Waste Containers.

(1) All residences located in any area in which collection is by the city or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections.

(2) All items too large to fit into containers, such as, but not limited to, appliances, furniture and mattresses, shall be disposed of by self-transport of such items to end-disposal facilities.

(3) All loose materials which normally fit into containers but which are excess as a result of special circumstances such as holidays shall be bundled and tied securely to prevent them from blowing or scattering and shall be placed beside the containers.

• (4) Containers shall be kept covered at all times.

(5) Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container.

(6) Solid waste containers shall not remain at curbside or anywhere in the front yard for more than forty-eight hours.

(9) No resident shall deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(10) Removal of trash or other scavenging from residential solid waste containers is prohibited.

(Ord. 612 Exhibit A (part), 2008).

(a) Storage in Yards. All storage within yard areas permitted by this title shall be screened from public view and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. Approved storage areas shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, furniture, equipment, and similar materials.

(b) Motor Vehicle Parking. Except as otherwise provided in this title, all parking of currently licensed and operative motor vehicles, currently licensed trailers, and boats on a commercial lot or parcel shall occur within a garage or carport or upon an approved paved parking area.

• (c) Solid Waste Containers.

(1) All establishments and institutions which generate solid waste for collection by the city or approved contractors shall provide appropriate containers for storage of solid waste, and locate these containers out of public view in a location convenient for trash collectors.

• (2) Containers shall be kept covered at all times.

(3) Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the department in charge of solid waste management.

(4) No owner, manager or employee of a commercial or industrial business or any institution shall deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(Ord. 612 Exhibit A (part), 2008).

Violations of the provision of this chapter shall be enforced in accordance with the enforcement provisions of Chapter 21.14 and Chapter 9.02 of the La Mirada Municipal Code.

(Ord. 612 Exhibit A (part), 2008).