Monte Sereno Municipal Code Ch. 6.17 Nuisances

Each and every one of the following conditions or acts is hereby declared to be a nuisance:

Fire hazards: Dry or dead shrub, dead tree, combustible refuse and waste, or any material growing on a public or private street or sidewalk, or upon private property within the City of Monte Sereno (hereinafter called the "City"), which by reason of its size, manner of growth and location constitutes a fire hazard to a building, improvement, crop or other property, or when dry, will in reasonable probability constitute a fire hazard.

A. Hazardous obstructions: An obstacle, landscaping or thing installed, or maintained in the corner setback area reaching a height higher than thirty (30) inches above the adjoining top of curb at the applicable corner of the street intersection, or thirty (30) inches above the nearest pavement surface where there is no curb, or the existing traveled roadway at the corner in question where there is no curb or pavement. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained, in accordance with applicable zoning and building regulations, public utility poles, trees trimmed at the trunk at least eight (8) feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists.

B. Discharge; Drains: The discharging, placing or depositing of any sewage, industrial waste or other polluted waters into any storm drain or natural outlet or channel in the City.

C. Discharge; Property: The discharging, spilling, placing or depositing of any sewage, industrial waste, chemical, or other material or substance or garbage, refuse or waste matter on any private property or on any adjacent or other public property.

D. Polluted water: A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water contained in a swimming pool, pond, or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

E. Refuse and waste: Refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention of suppression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substantial market value, and either found in barrels, boxes or any other type of container, or found loose on the premises, and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, asphalt emulsion, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or non-ferrous, furniture, inoperative vehicles and parts, trimmings from plants, and trees, cans, bottles and barrels.

F. Public burning: The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized.

G. Use of Private Property by Vehicles: The use of private property by any motorized vehicle as defined in Section 670 of the Vehicle Code, or as hereafter amended, if the operator is a person other than the owner of the property, or a guest or business invitee of the owner.

H. Maintenance of Property: It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon:

1. Buildings which are abandoned boarded up, partially destroyed, or left unreasonably in a state of partial construction.

2. Unpainted buildings causing dry rot, warping and termite infestation.

3. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

4. Overgrown vegetation;

a. Causing detriment to neighboring properties or property values or causing a hazardous condition to pedestrian and/or vehicular traffic; or

b. Likely to harbor rats, vermin and other nuisances.

5. Dead trees, weeds and debris:

a. Dangerous to public safety and welfare; or

b. Detrimental to nearby property or property values.

6. Trailers, campers, motor vehicles, as described in Section 670 of the Vehicle Code, or as hereafter amended; or boats, or other mobile equipment stored or parked on lawns or yards.

7. Inoperative, abandoned, wrecked or dismantled motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values. "Motor vehicle" as used in this chapter shall be defined as set forth in Section 670 of the Vehicle Code, or as hereafter amended.

a. Exception. This chapter shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.

8. Attractive nuisances dangerous to children in the form of:

a. Abandoned and broken equipment,

b. Hazardous pools, ponds and excavation, and

c. Neglected machinery.

9. Broken or discarded furniture and household equipment in visible yard areas for unreasonable periods.

10. Maintenance of any premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480.

11. Property including but not limited to building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximate properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following;

a. Lumber, junk, trash or debris;

b. Abandoned, discarded or unused objects or equipment;

c. Stagnant water, or excavation;

d. Any device, decoration, design, fence or structure which is unsightly by reason of its condition or its inappropriate location;

e. Permitting or allowing any graffiti to remain on any premises which is unshielded so as to cause substantial diminution of the enjoyment, use or property values of the adjacent properties.

12. Outdoor lighting on any premises which is unshielded so as to cause substantial diminution of the enjoyment, use or property values of the adjacent properties.

13. Any building, driveway or parking lot or structure which has any of the following conditions or defects to a significant degree:

a. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle passageway, stairway or other means of exit.

b. Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of the Monte Sereno Municipal Code for a new building or similar structure, purpose or location.

c. Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

d. Whenever any building, portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the Uniform Building Code without exceeding the working stresses permitted in the Uniform Building Code.

e. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.

f. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

g. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.

h. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.

i. Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this City, as set forth in the Uniform Building Code or Uniform Housing Code, or of any law or ordinance of this State or City relating to the condition, location or structure of buildings.

j. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the Health Officer of this City, or is likely to work injury to the health, safety or general welfare of those living within.

k. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.

l. Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

m. Any building which meets the definitions of a substandard building in Chapter 10, Uniform Housing Code.

n. Any building that does not have the exterior wall fire resistive requirements of the Uniform Building Code.

o. Buildings or structures maintained in violation of Section 203(a) of the Uniform Building Code of the City.

p. Any sidewalk or driveway which is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or injurious to persons using said driveway or sidewalks.

All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this Chapter.

The procedure set forth in this Chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land a special assessment against that parcel is adopted under Government Code, sections 38770 et seq. The procedure set forth in this Chapter for abatement applies to any nuisance which the City declares is a nuisance whether by another provision of the Monte Sereno Municipal Code or any other Ordinance which the City may adopt.

The procedure set forth in this Chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the City by Civil Code, section 3494, Code of Civil Procedure, Section 731, Government Code, section 38770 et seq. or other lawful authority.

When the City Council declares or finds that any premises within the City may be maintained contrary to one or more of the provisions of section 6.17.010, the City Clerk shall mail a notice to the owner of the property and the mortgagee or beneficiary under a recorded deed of trust hereinafter referred to as the "Notice". The Notice shall state the conditions which constitute the public nuisance and shall order the abatement of the nuisance within thirty (30) days after the date of Notice.

The City Clerk shall cause to be served upon the owner of each of the affected premises, one copy of the Notice and certified copy of the Resolution of the City Council, in accordance with the provisions of Section 6.17.060 hereof.

Service of the Notice and Resolution shall be by personal service upon the owner of the affected premises if he or she is found within the City limits; or if he or she is not found within the City limits, by depositing a copy of said notice and Resolution in the United State Postal Service enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to the owner at the last known address of said owner, and if there is no known address, then in care of the property address. The service is complete at the time of the deposit. "Owner" as used herein shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder.

If the nuisance is not abated within the period given in the Notice, the City Council may determine to proceed with the abatement. When it determines to proceed, the Council shall give a second Notice (the "Second Notice") in the same manner set forth in Sections 6.17.040 and 6.17.050. The Second Notice shall direct the persons to appear before the City Council at a stated time and place and show cause why the nuisance should not be abated. The Second Notice shall be headed "NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART" in letters of not less than 1″ in height and shall be substantially in the following form:

NOTICE OF HEARING

TO DETERMINE EXISTENCE OF

PUBLIC NUISANCE AND TO ABATE

IN WHOLE OR PART

Notice is hereby given that on the _______ day of ________, 19___, the City Council of the City of Monte Sereno passed a resolution declaring its intent to ascertain whether certain premises situated in the City of Monte Sereno, State of California, known and designated as ________ in said City, and more particularly described as Lot No. _______ Tract No. _______, constitute a public nuisance subject to abatement by the rehabilitation of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 6.17.010 of the Monte Sereno Municipal Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid.

You are directed to appear before the City Council, Council Chambers, 18041 Saratoga-Los Gatos Road, Monte Sereno, California 95030, at 7:30 p.m. on the ___ day of ________ 19___ to show cause why the alleged public nuisance should not be abated.

Said alleged violations consist of the following:

Dated: ________, 19___, City Council of the City of Monte Sereno.

BY___________

At the time fixed in the Second Notice, the City Council shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the City Council shall, by resolution, declare its findings. If the Council so concludes, it may declare its findings. If the Council so concludes, it may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within thirty (30) days after the date of posting on the premises a notice of the adoption of the Resolution.

The City Council may grant an extension of time to abate the nuisance if, in the Council's opinion, good cause for an extension exists.

If the person fails to abate the nuisance within the time set forth, the City may proceed to abate the nuisance.

The City shall keep an itemized account of the expenses involved in abating the nuisance. The City shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the City Council for approval and confirmation and at which time the City Council shall consider objections or protests to the cost of the work.

At the time fixed for the hearing on the statement of expense, the City Council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The City Council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or Resolution. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. The procedure governing the hearings shall be as provided by Section 6.17.080 of this Chapter.

If the property owner does not pay the expense of abating the nuisance within five (5) days after the City Council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate of twelve (12) percent a year computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this special assessment.

The City shall file in the office of the County Recorder a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

Under the authority of Government Code 38773.5 and Section 6.17.010, Monte Sereno Municipal Code, the City did on _______,19___, abate a nuisance upon the real property hereafter described and then on daterule;, 19___, did assess the cost of the abatement upon the real property. The City of Monte Sereno claims a special assessment on the real property for the expense of doing the work in the amount of $___________

This amount is a special assessment against the real property until it is paid, with interest at the rate of twelve percent (12%) a year from 19 , (insert date of confirmation of statement), and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the City of Monte Sereno, County of Santa Clara, State of California, more particularly described as follows:

Dated: ________, 19___

City of Monte Sereno

BY___________

Nothing in the foregoing sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the Council may order the nuisance abated immediately or take steps itself to abate the nuisance after adoption of a resolution declaring the facts which constitute the emergency. The resolution to be effective shall be adopted by four-fifths (4/5) vote of the City Council.

The Owner or occupant of a lot or premises within the City of Monte Sereno who permits or allows the existence of a public nuisance as defined in this Chapter, upon a lot or premises owned, occupied or controlled by him, or who violates this Chapter is guilty of a Misdemeanor and upon conviction is subject to fine of not more than Five Hundred Dollars ($500.00) or imprisonment for a period not exceeding six (6) months, or both. In addition, should the City commence a civil or criminal proceeding to abate a public nuisance, the costs of abatement which may be recorded shall include all legal costs including reasonable attorney's fees incurred by the City in commencing and pursuing civil or criminal remedies.