McFarland Municipal Code Ch. 8.20 Property Maintenance

Footnotes:

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Editor's note— Ord. No. 019-2012, § 1, adopted February 23, 2012, in effect repealed the former Chapter 8.20, §§ 8.20.010—8.20.150, and enacted a new Chapter 8.20 as set out herein. The former Chapter 8.20 pertained to weed and rubbish abatement and derived from Ord. No. 289-2004, adopted July 15, 2004.

The purpose of this chapter is to identify property maintenance standards, and establish procedures for the prosecution and abatement of public nuisance conditions to eliminate visual blight, protect the value of adjacent properties, and to protect the health, safety and general welfare of the community as a whole. This chapter is not the exclusive regulation for public nuisance conditions in the city of McFarland. It shall be in addition to other regulations, codes, statutes and ordinances heretofore or hereinafter enacted by the city of McFarland, the state or any other legal entity, or agency having jurisdiction.

(Ord. No. 019-2012, § 1, 2-23-12)

The words and phrases contained in this section shall, for the purposes of this chapter, be defined as follows, except where the context clearly indicates a different meaning:

"City code enforcement officer" means the city code enforcement officer or a designee.

"Commercial vehicle" means any motorized or non-motorized vehicle used or maintained to transport property or goods for profit or persons for hire or compensation.

"Inoperative vehicle" means a vehicle is "inoperative" if it is:

1. Mechanically incapable of being driven; or

2. Prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Sections 4000 5202, 24002, or 40001.

"On or adjacent to real property" means and includes all areas of the real property including, but not limited to, the rear side, or front yard areas, parkways, sidewalks, or on abutting streets in all zones in the city except for items contained within a receptacle for collection of solid waste pursuant to the city of McFarland Municipal Code.

Owner, Vehicle. "Vehicle owner" means the last registered owner and the legal owner of record.

"Parkway" means the area between any real property line and the edge of the pavement of a public street.

"Public nuisance" means:

1. Any property that is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property.

2. The presence of vacant real property in the city that is not properly secured, fenced, boarded up, and maintained, and which is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property.

3. The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, on private or public property not including streets.

"Public property" means land, buildings, structures, or fixtures that are owned by a public agency. For the purposes of this chapter, public property does not include streets.

"Recreational vehicle" means any travel trailer, camper, motor home, or trailer (as defined in State Vehicle Code Sections 242, 243 and 630, respectively), or any camper shell or boat.

"Residential use" means any property zoned for residential use as established in this title. Sidewalks, parkways and streets adjacent to residential property shall be considered a residential area for purposes of this chapter.

"Residentially developed property" means any property developed with a conforming dwelling unit or legal nonconforming dwelling unit.

"Responsible official" means city chief law enforcement official, fire chief, building official, code enforcement officer or designee.

"Responsible party" means the owner, lessee, agent, person, or entity in lawful charge or possession of the property.

"Street" means a public street, drive, right-of-way, avenue, highway, place, close, pass, alley, lane, court, or way.

"Vacant real property" means any vacant parcel of land, building or structure on real property in all zones in the city where the responsible party has intentionally left such property vacant and unoccupied for a period of time exceeding thirty calendar days.

"Vehicle" means 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 matter" means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists of but is not limited to construction debris and recycling.

(Ord. No. 019-2012, § 1, 2-23-12)

It is unlawful for any responsible party having charge or possession of any real property in the city to:

A. Operate any business activity in the city without a business license registration certificate and appropriate planning and zoning approval.

B. Operate any business or other activity in the city not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the city. This includes, but is not limited to, business license registration certificates, home occupation permits and conditional use permits.

C. Allow upon any premises under his/her control the placement of any temporary or permanent signs without appropriate zoning and building permit approval.

D. Keep, store, or maintain on or in front of any real property, or in or on any vehicle upon the real property under his/her control any waste matter, litter, rubbish or weeds, when such material is open to view at street level from a parkway, street, or adjoining property, or in such a condition as to be detrimental to the health, safety and welfare of the inhabitants of such real property or any adjoining property.

E. Not maintain any parcel of land, building, or structure on real property in conformance with the standards contained in this chapter.

F. Permit any parcel of land, building, or structure on real property to remain a vacant real property without properly securing and maintaining the property pursuant this chapter.

G. Reserved.

H. Allow upon any premises under his/her control any swimming pool, pond, spa, or other body of water or excavation which is abandoned, unattended, or unfiltered.

I. Allow the disposal or storage of oil, grease, other petroleum products, noxious chemical, pesticides, or any gaseous, liquid, or solid waste in such a manner to constitute a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties.

J. Keep, store, or maintain upon any premises under his/her control any abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof except as allowed by Table 8.20(A).

K. Keep, store, or maintain upon any premises under his/her control any recreation vehicle except as allowed by Table 8.20(A).

L. Use any parked or stored vehicle or recreational vehicle, operative or not, as temporary or permanent living space unless the following conditions are satisfied:

1. Building permits for the construction of the conventional single-family residence shall be obtained prior to or concurrently with the installation of the mobilehome or recreational vehicle.

2. A mobilehome or recreational vehicle is to be removed from the premises or placed in dead storage when:

a. Six months have passed since the mobilehome or recreational vehicle was installed.

b. Seven days have passed since the conventional single-family dwelling unit was approved for occupancy.

c. The building permit has lapsed due to lack of activity.

M. Use a garage, shed or accessory structure, or any portion thereof, as a temporary or permanent living space or as a meeting room.

N. Keep, store, or maintain in any residential zone or on any residentially developed property any of the following:

1. Construction and/or business equipment, supplies, materials, or machinery of any type or description unless associated with a valid building permit for improvements to the property that the material is located on;

2. Buses and catering trucks, regardless of size, will be restricted from parking in residential zones and residentially developed areas;

3. Portable restroom facilities unless a temporary use permit has been issued.

O. Allow accessory structures including but not limited to walls, fences, drainages, sidewalks, sheds, garages, playhouses, lean-tos, and wall hedges to fall into a state of disrepair or deterioration.

P. Abandon or discard any personal property on any public property including a street, except when deposited in an approved city of McFarland refuse container.

Q. Keep or store any non-operable vehicle in any street or residential driveway.

Table 8.20(A) Vehicle Storage and Parking Regulations

1

One abandoned, wrecked, dismantled or non-operative vehicles may be stored in the front in the front yard provided such car is covered by a secured vehicle cover. Plastic tarps do not constitute a vehicle cover.

2

There shall be no more than two abandoned, wrecked, dismantled or non-operative vehicles per residential lot.

(Ord. No. 019-2012, § 1, 2-23-12; Ord. No. 039-2014, § 1, 7-24-14)

A violation of this chapter is designated and declared a public nuisance.

(Ord. No. 019-2012, § 1, 2-23-12)

Compliance with the standards contained in this chapter shall be at the sole cost of the responsible party for the real property and shall not limit the remedies or recovery of costs of the abatement of any real property found to be in violation by the city council or its designee.

(Ord. No. 019-2012, § 1, 2-23-12)

All developed real property in the city shall be maintained at a level not less than the following standards:

A. Building Exteriors and Roofs. Exterior building surfaces and roofs for all buildings including accessory buildings and structures shall be maintained free of significant surface cracks, missing materials, warping and dry rot which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance.

B. Condition of Structures. Structures shall not be partially destroyed, abandoned, unsecured, or permitted to remain in a state of, except properties with valid current building permits on file with the city of McFarland building department, partial construction for more than thirty days. Buildings or structures shall not be boarded up for a period in excess of ten days without a valid demolition or building permit on file.

C. Drainage. On-site drainage improvements shall be maintained in order to prevent deterioration, disrepair, and ineffectiveness.

D. Excavations. Excavations, abandoned wells, shafts, basements, and other holes shall be properly secured to prevent access by unauthorized persons.

E. Graffiti. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti.

F. Landscaping. All landscaping on the property shall be maintained and all landscaping visible from a public street shall be maintained in a healthy condition free of dying, dead, diseased, decayed, discarded and/or overgrown vegetation.

G. Lighting. All exterior light fixtures shall be maintained in good working order free of broken lamps, lens, and light bulbs. Furthermore, the structural integrity of all supporting poles and mounting fixtures shall be maintained. All insulation and connections shall be intact and free of exposed wire.

H. Outdoor Drying. In all residential zones or residential developments, the outdoor airing and/or drying of laundry, clothes, other household linens, or food is permitted only in rear or side yards, provided that the items are not visible from a public street excluding alleys.

I. Paint. Painted surfaces on buildings, trash enclosures, walls, retaining walls, fences, and structures shall be maintained in order to prevent decay, excessive cracking, peeling, chalking, dry rot, warping, or termite infestation.

J. Parking Areas, Sidewalks. Parking areas, private alleys, driveways, sidewalks, and walkways shall be maintained free of potholes, cracks, breaks, lifting, and other deteriorated conditions.

K. Pools. Barrier fencing and gates for swimming pools and spas shall be maintained as required by the California Building Code. Swimming pools and spas shall not contain unfiltered or stagnant water.

L. Rodent and Vermin Control. All property, including landscaped areas, buildings, and structures, shall be maintained free of rodents and other vermin in accordance with the requirements of the district Kern County mosquito and vector control.

M. Signs. All signs and sign structures shall be maintained in order to prevent deterioration, disrepair, and unsightliness. The structural integrity of all supporting poles, and mounting fixtures shall be maintained. All sign faces shall be maintained free of missing lettering or lighting.

N. Trash Bins. Trash bins or dumpsters shall be kept within an enclosed building, trash enclosure, or screened from public view to the maximum extent feasible. Overflowing trash bins or dumpsters due to inadequate number of bins and/or request for service from the trash hauler are prohibited. Use of commercial trash bins for residential uses other than during construction with a valid building permit is prohibited.

O. Use of Tarps. Excluding emergency repairs, the use of tarps for roof and building repairs is prohibited. Additionally, the use of tarps for vehicle covers, carports, or temporary canopies, enclosures, and/or awnings is prohibited in any outdoor area visible from any public street.

P. Walls, Fences, and Trash Enclosures. All walls, retaining and planter walls, and fences abutting a street or trash enclosure shall be maintained free of significant surface cracks, dry rot, warping, deterioration, leaning, missing panels, or blocks which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance or which constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property.

Q. Window Screens. All window and glass door screens shall be maintained free of tears, rips, and holes. On residential rental properties, window screens are required on all windows.

R. Windows. Broken windows and glass doors and the use of materials other than glass as a replacement or covering of windowpanes are prohibited.

S. Storage or Parking of Vehicles. Including, but not limited to, automobiles, trucks, boats, recreational vehicles on any unimproved surface of a front or side yard except for the purpose of washing such vehicle. (Unimproved surface includes any surface which is not paved or asphalted.) Properties having driveways composed of dirt, gravel or sand are exempt from surfacing requirement. For this purpose, a driveway is not what would normally be a landscaped area of the property.

T. Maintenance of Parking Lots. The definition of "parking lot" as it pertains to this subsection shall be: An off-street area, generally surfaced and improved for the temporary storage of five or more vehicles. All parking lots commercial and multifamily residential shall be properly maintained so that they are free from holes, cracks, or other disfigurements that the city deems to constitute a maintenance hazard, danger or risk. The surfaces shall be as required by city rules, guidelines and regulations. All parking spaces shall be properly marked at all times. Parking lots shall be kept free of trash and other debris, including, but not limited to, weeds and overgrowth of vegetation.

(Ord. No. 019-2012, § 1, 2-23-12; Ord. No. 008-2020, § 1(C), 9-24-20; Ord. No. 010-2020, § 1(C), 11-12-20)

A. Mandatory Standards. All vacant real property in the city shall be secured and maintained at a level not less than the following standards during the time period that such property remains vacant real property:

1. Graffiti. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti.

B. Additional Standards. When deemed necessary by the responsible official in order to maintain the safety of persons or property, the following standards may also be imposed:

1. Access Points. All windows, doors, and other open access features to the structures on the real property shall be boarded up and secured according to the following standards (alternate materials may be used if approved by responsible official):

a. Any missing or broken windows or doors shall be covered as specified. Complete boarding of all unbroken windows shall only be required when specified by the case officer;

b. Exterior door openings may be secured against entry by locking or using #10 minimum flathead wood screws penetrating a minimum of three-fourth inches into framing members, only if doors do not contain glazing panes;

c. All wood used to cover openings shall be new or comparable (to be approved by case officer), exterior grade one-half inch nominal thickness plywood or O.S.B. board. Only one piece of plywood or O.S.B. board shall be used per opening unless the opening requires more than one four-foot by eight-foot sheet in which case, splices shall have two-inch by four-inch backing the complete length of the splice. Plywood or O.S.B. board shall extend two inches minimum beyond opening on all sides and shall be seared by #10 minimum flathead wood screws. Screws shall be spaced twelve inches can center around complete opening and shall penetrate framing members a minimum of three-fourth inch;

d. Where applicable, plywood or O.S.B. board shall extend flush to top of door threshold and protruding windowsills;

e. All variations from above requirements shall be approved by case officer;

f. Contractor shall first confer with officer prior to submitting bid for special board-up conditions such as apartment buildings, motels, or commercial buildings;

g. All boards visible from the building's exterior shall be painted to match the buildings' exterior;

h. Refill holes, which are more than one-foot in depth.

2. A building shall be permitted to be boarded up for no longer than six months. If a demo permit or building permit are not issued within six months, the city shall initiate abatement proceedings.

3. Fencing. The property shall be temporarily fenced on all sides along the property line with a chain link fence or other type of secure fencing at a minimum height of six feet from grade, or greater, as determined by the fire chief or building official. The fence shall be properly posted with no trespassing signs, and kept clear of all other signs, except lawfully installed real estate signs for the lease or sale of the property and signs identifying ownership of the property or fencing.

4. Security Lighting. All structures which could be used for human habitation shall have a minimum of one light each in the front and rear yards. Such lighting shall be capable of illuminating the structure's exterior so as to be visible from the street or alley from dusk to dawn. However, the lights shall be shielded to avoid lighting adjacent properties.

(Ord. No. 019-2012, § 1, 2-23-12)

If it is determined by a responsible official that a public nuisance, as designated in Section 8.20.040, exists on any lot or premise in the city or upon any sidewalk, parking area or street adjacent to such lot or premises, the responsible official shall issue a notice to abate requiring the property owner to abate the nuisance within ten days. This notice will state that failure to abate the nuisance will result in the issuance of an administrative citation as required in Title 1, Chapter 1.14 of the McFarland Municipal Code. It shall be the duty of the property owner, the agent of the owner, or the person in possession of any lot or premises in the city, within ten days from the date of the notification as provided in this chapter, or in case of an appeal to the city council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to abate.

(Ord. No. 019-2012, § 1, 2-23-12; Ord. No. 067-2017, § 1(B), 5-25-17; Ord. No. 008-2020, § 1(D), 9-24-20; Ord. No. 010-2020, § 1(D), 11-12-20)

The notice required by Section 8.20.070 may be served in any of the following manners:

A. By personal service on the owner, occupant or person in charge or control of the property.

B. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed completed upon the deposit of said notice, postage prepaid in the United States mail;

C. By posting at a conspicuous case on the land or abutting public right-of-way.

(Ord. No. 019-2012, § 1, 2-23-12)

Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At the regular meeting or adjourned regular meeting of the city council, not less than five calendar days nor more than twenty calendar days thereafter, it shall proceed to hear and determine such appeal. The decision of the city council thereupon shall be final and conclusive. The city clerk shall notify the appellant in writing no later than three days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him or her at the address stated in his or her written appeal.

(Ord. No. 019-2012, § 1, 2-23-12)

It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the city, within ten days from the date of notification as provided in this chapter, or in case of an appeal to the city council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to clean premises.

(Ord. No. 019-2012, § 1, 2-23-12)

If the owner fails or neglects to remove the nuisance as defined in this chapter, within the time specified in this chapter, the responsible official shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on or in front of each separate property shall be filed with the city council.

(Ord. No. 019-2012, § 1, 2-23-12)

The city clerk shall thereupon set the cost report and account for hearing by the city council at the first regular or adjourned regular meeting, which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time, date and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city office.

(Ord. No. 019-2012, § 1, 2-23-12)

The city council shall consider the cost report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall approve the report and account as submitted, or as modified or corrected by the city council. The amounts so approved shall be liens upon the respective lots or premises, upon which abatement was performed, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs and waste matter constitute a public nuisance.

(Ord. No. 019-2012, § 1, 2-23-12)

The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council, as provided in Section 8.20.140.

(Ord. No. 019-2012, § 1, 2-23-12)

The finance department of the city or their authorized representative may accept payment of any amount due at any time prior to the city council's final determination on the cost report and account, as called for in Section 8.20.140.

(Ord. No. 019-2012, § 1, 2-23-12)

The provisions of Government Code Sections 39580 to 39585, inclusive, are incorporated in this chapter by reference. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

(Ord. No. 019-2012, § 1, 2-23-12)

The owner, occupant or agent of any lot or premises within the city who permits or allows the existence of a public nuisance, as defined in this chapter, upon any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter, is guilty of a misdemeanor.

(Ord. No. 019-2012, § 1, 2-23-12)

Where the responsible official or their designee find that a real property contains a structure that violates this chapter and presents a threat to the safety or health of the public, city council by resolution may declare the structure a public nuisance and order the demolition of the structure where it finds the property violates this chapter, presents an immediate threat to the safety or health of the public and finds that persons have continued to enter, occupy or inhabit such structures despite the application of the standards of this chapter. The demolition of a structure pursuant to this section shall not occur until the abatement procedures are complied with as set forth in this chapter.

(Ord. No. 019-2012, § 1, 2-23-12)

In the event the public nuisance constitutes a significant and immediate threat to the public health, safety, or welfare, the responsible official or their designee, may enter the property upon which the public nuisance exists, abate the public nuisance, and restore any property affected by the public nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant before abatement. If necessary to protect the public health, safety, or welfare, abatement may proceed without prior notice to or consent from the owner/occupant thereof and without judicial warrant.

A. Imminent danger shall include, but is not limited to, circumstances that present a significant and immediate threat to the public health, safety, or welfare.

B. An administrative hearing before the city council shall follow the abatement action at the next regular meeting of the city council that the matter can be placed on the agenda wherein the city council shall determine the reasonableness of the action taken by the officer. Subject to the city council's determination, all costs of the abatement shall be borne by the owner of the property and all provisions described in this chapter relating to assessment and collection of same shall apply.

(Ord. No. 019-2012, § 1, 2-23-12; Ord. No. 045-2015, § 1(B), 9-10-15)