National City Municipal Code Ch. 7.12 Accumulation of Junk

"Junk" means any combustible or noncombustible nonputrescible waste, including but not limited to trash, refuse, paper, glass, cans, bottles, rags, fabrics, bedding, ashes, trimmings from lawns, shrubbery or trees, except when used for mulch or like agriculture purposes, household refuse other than garbage, lumber, metal, plumbing, fixtures, bricks, building stones, plaster, wire or like materials, from the demolition, alteration or construction of buildings or boat parts, plastic or metal parts or scraps, damaged or defective machinery, whether or not repairable, and damaged or defective toys, automotive equipment, recreational equipment or household appliances or furnishings, whether or not repairable.

(Ord. 1812 (part), 1984)

The outdoor accumulation of junk contrary to this chapter is declared to be a public nuisance.

(Ord. 1812 (part), 1984)

No person shall accumulate junk or permit junk to be accumulated, or stored outdoors or permit the storage thereof, on any portion of a lot or parcel of land except as otherwise provided in this chapter.

(Ord. 1812 (part), 1984)

No person shall store junk:

A. On any lot that is not in his ownership or possession, unless he has permission from the owner of such lot to do so.

B. On any lot used for residential purposes, unless done in strict compliance with Section 7.12.050 and subsection F of this section.

C. On any parcel of land adjacent to a lot used for residential purposes, except:

1. As a part of and incident to a lawfully established and conducted commercial or industrial enterprise; or

2. When done in strict compliance with Section 7.12.050.

D. On the roof of any building or structure.

E. This chapter does not prohibit the accumulation or storage of used lumber, lumber scraps and/or materials fabricated out of wood for use as firewood or fuel; provided, however, that any such accumulation shall be neatly stacked and shall be maintained in accordance with the provisions of Section 7.12.050; and provided further, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds thirty-six inches in length or one foot in width.

F. This chapter does not prohibit the temporary storage of junk on properties used for commercial or industrial activities for a reasonable time prior to disposal thereof in a public dump or other place where disposal can lawfully be made. Such storage is limited to materials originating on the premises and not brought there from any other place. No item or accumulation of junk shall be kept outdoors on the premises for a period of more than thirty days. See also Section 7.12.050B.

G. On a lot or parcel of land improved with residential buildings or occupied by a bona fide residence, the person occupying such residence may store junk on the rear one-third of that lot or parcel for a period of not more than thirty days where that junk was not brought there but which was accumulated through normal activities of household uses on the same premises; provided, that such person may store materials of a noncombustible and non-putrescible character in a building upon the premises.

(Ord. 1812 (part), 1984)

A. No person shall accumulate junk or permit junk to be stored or accumulate on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes:

1. Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall which is constructed of nonflammable material and is not used for structural support of a building;

2. Within ten feet of any side lot line;

3. Within fifteen feet of any rear lot line;

4. Within the front yard or within the exterior side yard of a corner lot;

5. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests;

6. The accumulation shall not be strewn about or maintained in an unsightly condition;

7. The accumulation shall be maintained so as not to constitute a fire hazard;

8. Any accumulation of junk maintained on a lot for more than thirty days shall be stored in opaque containers;

9. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety or welfare.

B. This section also applies to rooftop areas (see Section 7.12.040D).

(Ord. 1812 (part), 1984)

Within two years of the effective date of this chapter every person owning or in possession of land on which there is an accumulation of junk which does not conform to the provisions of this chapter shall remove such accumulation of junk or bring such accumulation of junk into conformity. Failure to comply is a violation.

(Ord. 1812 (part), 1984)

This chapter does not prohibit the accumulation and temporary storage of junk in the course of the lawful operation of a motor vehicle storage or impound yard, or salvage yard conducted in a manner authorized by the Land Use Code or by this code. Nothing contained in this chapter shall be deemed to authorize the establishment or maintenance of a junk yard, motor vehicle storage or wrecking yard, or salvage yard.

(Ord. 1812 (part), 1984)

The provisions of this chapter are subject to the enforcement regulations set forth in Chapter 7.32 of this title, whether or not abatement action is pursued subject to Section 7.12.090, et seq.

(Ord. 1812 (part), 1984)

A. If the code conformance officer determines that an accumulation of junk exists in violation of this chapter, he may give written notice and an order to abate to the owner or to the occupant of the premises, or if such person cannot be located on the premises to any person over the age of eighteen years who is apparently in possession of the premises, or if there is no such person, then by mailing such written notice and order by certified mail with return receipt requested, to the person shown to be the owner by the latest equalized assessment roll or any more recent record in the office of the county assessor. Such written notice and order shall be substantially in the following form:

You are hereby informed that the Code Conformance Officer of the City of National City has determined that there is an unlawful accumulation of junk, contrary to NCMC Title 7 on the following premises: ___________

(Street address or other designation of premises)

You are hereby ordered to remove said accumulation of junk from said premises within _______ days from the date of this Notice and Order or, alternatively, and within the same period of time, to bring said accumulation of junk into conformity with the requirements of said Title 7. You are hereby advised of your rights to appeal from this Notice and Order by filing an appeal in writing, with the City Clerk of National City within _______ days of your receipt of this Notice. Failure to comply with this Notice and Order in the absence of an appeal constitutes a violation.

B. Any person served with a notice and order made pursuant to Section 7.12.080 may appeal to the city council as provided in subsection C of this section, and such appeal shall stay the effect of such notice and order until the city council hears the appeal and issues its order modifying, vacating or affirming such notice and order. Such appeal and stay of the notice and order shall not relieve any person from liability or responsibility, criminal or civil, for maintaining an unlawful accumulation of junk and shall not stay or prevent the filing or prosecuting of a criminal or civil action for the maintenance of such unlawful accumulation of junk.

C. Within a period of three days (exclusive of Saturdays, Sundays and legal holidays), or the time otherwise specified in the notice, following the service of written notice and order by the code conformance officer, the person ordered to remove the accumulation of junk may file with the city clerk a written appeal from such notice and order. Such appeal shall contain the appellant's name, mailing address and a general statement of exceptions taken by the appellant to the notice and order. Upon receipt of an appeal, the city clerk shall immediately notify the code conformance officer and shall set such appeal for hearing before the city council. Such clerk shall forthwith give written notice of the time, date and place of hearing to the code conformance officer and shall send a copy of such notice through the United States mail to the appellant at the address specified in the appeal. Personal service is an adequate alternative. Where acceptance of such mail delivery or personal service is refused, notice may be given by posting a copy thereof in a prominent place at or near what seems to be the main entrance of the premises. At the time, date and place indicated, the code conformance officer shall produce evidence of the existence of the unlawful accumulation of junk which is the subject of his notice and order. The appellant may likewise produce relevant evidence. The city council shall consider all relevant evidence produced at such hearing and, if it finds by the preponderance of the evidence that there is in fact an unlawful accumulation of junk, it may declare the same to be a public nuisance. The determination that such accumulation of junk constitutes a public nuisance shall be supported by such findings as are necessary and proper, which findings need not be reduced to writing unless the appellant so requests at the hearing. Upon determining that a public nuisance exists, the city council may order the abatement thereof upon such terms and conditions as it deems reasonable and just under the circumstances, or it may modify or affirm the notice and order made by the code conformance officer. If the city council does not find that a public nuisance exists, it shall vacate the order of the code conformance officer, in which event the city council need not make findings. In the event that the city council determined that a public nuisance exists and orders the abatement thereof, the code conformance officer shall serve the order of abatement, shall enforce the order, may supervise the abatement of the nuisance if he deems it necessary to do so, and may make such further orders in furtherance of such order of abatement as he deems necessary under the circumstances.

D. The cost of abatement, as confirmed, may be collected by the city by any or all of the following or any other lawful means:

1. Recordation in the office of the county recorder of a certified copy of such resolution confirming such report so as to give notice of the lien;

2. Civil action by the city;

3. Filing a certified copy of such resolution confirming such report with the auditor of the county who shall enter the assessment on the county tax roll opposite the subject property. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessment of fifty dollars or more may be made in annual installments, in any event not to exceed five hundred dollars and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at the rate of ten percent per year.

(Ord. 1894, 1986; Ord. 1812 (part), 1984)