Chapter 8.36 — PROPERTY NUISANCES

This chapter shall be known as the property maintenance ordinance which is created to establish a more definitive set of regulations, which are cumulative with, and additional to other provisions of the Norwalk Municipal Code, to facilitate the abatement of property nuisances that are deleterious to the social, economic and physical well being of the community. (Prior code § 5-23.1; Ord. 21-1722 § 2)

For the purposes of this chapter, and in addition to the definitions set forth in various portions of the municipal code, certain terms, words and their derivatives shall be defined as set forth in the zoning regulations of the Norwalk Municipal Code. (Prior code § 5-23.2; Ord. 21-1722 § 2)

It is unlawful for any person owning, leasing, occupying or having charge or possession of any property to maintain it in such a manner that it is determined by the City or an appropriate agency of the City, that a property nuisance exists upon such property. A property nuisance shall exist whenever any of the following findings are made:

• A. The condition of the property endangers the life, limb, health, property, safety or welfare of the public or occupants of the property;

• B. The condition of the property is unsightly in appearance and is out of harmony or conformity with the maintenance standards of adjacent and/or surrounding properties so as to cause a diminution of the enjoyment, use or property values of such proximal properties;

• C. The condition of the property contributes to the establishment of a prevalence of depreciated values, impaired investments and social or economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered;

• D. The condition of the property is detrimental to the public health, safety and general welfare; or

• E. The condition of the property constitutes a public nuisance as defined by Civil Code Section 3479 or 3480.

(Prior code § 5-23.3; Ord. 21-1722 § 2)

The existence of any of the following conditions upon any property shall be considered as evidence that a property nuisance exists upon the property:

• A. Substandard Buildings or Structures. Buildings or structures or portions of such buildings or structures having one or more of the following conditions:

  1. Unoccupied. Buildings or structures not properly secured, or closed and accessible to

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.36.040

§ 8.36.040

juveniles, transients and unauthorized persons with no legal right to occupy the property;

2. Unfinished. Buildings or structures which are unfinished and which have been in the course of construction for an unreasonable period of time, but not less than two years; however, an extended time may be allowed if orderly progress is demonstrated;

• Inadequate Sanitation.

• a. Lack of hot or cold running water to plumbing fixtures in a dwelling unit or hotel,

• b. Lack of minimum amounts of natural light and ventilation required by the building and safety codes,

• c. Room and space dimensions less than required by the building and safety codes,

• d. Dampness of habitable rooms,

• e. Violation of any applicable provisions of the Health Code as adopted by the City as determined and reported to the Director of Community Development by the Health Officer;

4. Structural Hazards.

   • a. Deteriorated or inadequate foundations,

   • b. Defective, deteriorated or inadequate size flooring and/or floor supports,

   • c. Defective, deteriorated or inadequate size members of walls, partitions, or other vertical supports,

   • d. Defective, deteriorated or inadequate size ceiling, roof or other horizontal supports,

   • e. Defective, damaged or inadequately constructed fireplace or chimney;

• Inadequate or Hazardous Wiring.

• a. Lack of required electrical lighting or convenience outlets. In existing residential occupancies, every habitable room is required to contain at least two supplied outlets or one supplied outlet and one supplied electric fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway in such occupancies are required to contain at least one supplied electric fixture,

• b. All wiring except that which conformed with applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner;

• Inadequate or Faulty Plumbing.

• a. Lack of plumbing fixtures required elsewhere in this Code,

• b. All plumbing except that which conformed with all applicable laws in effect at

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City of Norwalk, CA § 8.36.040

NORWALK CODE

§ 8.36.040

the time of installation and which has been maintained in good condition and which is free of cross connections;

7. Inadequate or Faulty Mechanical Equipment.

   • a. Lack of safe adequate heating facilities in a dwelling, apartment house or hotel,

• b. Lack of or improper operation of, required ventilating equipment,

  • c. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition;

8. Faulty Weather Protection.

   • a. Lack of sound and effective roof covering,

   • b. Lack of sound and effective exterior wall covering,

   • c. Broken windows and doors,

   • d. Deteriorated or ineffective waterproofing of foundation walls or floor,

   • e. Unpainted buildings or structures or those where the condition of the paint has deteriorated to an extent to allow dry rot, warping, termite infestation, rust and appearance incompatible to the neighborhood and generally acceptable standards;

9. Faulty Materials of Construction. Any materials of construction except those which are allowed or approved by City code and which have been adequately maintained in good and safe condition;

10. Unsanitary. Those buildings and structures having an accumulation of vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar materials or conditions;

11. Hazardous. Any building or structure which is determined to be unsafe as defined by the building and safety code;

12. Fire Hazard. Any building, structure, device, apparatus, equipment, combustible waste or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause;

13. Inadequate Fire Structures or Fire Fighting Equipment. All buildings or structures which are not provided with exit facilities or fire-resistive construction or fireextinguishing system or equipment required by the building and safety code, except those buildings or structures which conformed with all applicable laws at the time of their construction, which provide adequate safe exits, and whose fire-resistive integrity and fire extinguishing systems and equipment provide adequate fire safety;

14. Improper Occupancy. All buildings or portions of buildings occupied or used for any purpose for which they were not designed or intended to be used;

15. Unfinished Relocation Buildings or Structures. Where the work required to be

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.36.040

§ 8.36.040

performed pursuant to the terms and conditions of a relocation building permit has not been performed within the time allowed by such permit, nor within the extension of time granted thereto in writing by the building official, the building or structure shall be deemed and is hereby found to be a public nuisance. The nuisance shall be abated in accordance with provisions of Norwalk Municipal Code Section 15.32.150;

16. Substandard Building or Structure Exteriors. Improperly maintained building or structure exteriors including building or structure exteriors in a state of neglect or damage, from fire, and other causes, or in need of repairs such as painting, weather proofing or insect extermination;

17. Substandard Swimming Pools. Maintaining a swimming pool in a manner that permits the swimming pool to become a breeding place for mosquitoes. For the purposes of this subsection, swimming pool means any public or private artificial basin, chamber, tank, or other structure located above, at or below grade and used or intended to be used for wading, swimming, diving, bathing or any other form of water recreation, therapy or sport.

• B. Substandard Property. Property or portions of property having one or more of the following conditions:

  1. Substandard buildings;

  2. Overgrown and Dead Vegetation. Keeping of property with overgrown or dead vegetation that constitutes a safety hazard, including lawns, weeds, plants, shrubs, hedges and trees and including any such vegetation within parkway areas of the property subject to utility and City easements. Overgrown and dead vegetation, in side and rear yards not visible to the general public must be determined a safety or health hazard or in violation of the City's weed abatement ordinances before enforcement is initiated. There shall be a conclusive presumption that vegetation is overgrown under this subsection if the vegetation has not been properly cut and trimmed within 30 days after notification that such vegetation is overgrown;

  3. Equipment Visible in Front and Side Yards. The storage of machinery, mechanical or other equipment shall be prohibited in front, side or rear yards where visible from a street, public right-of-way or public place except the parking of vehicles as permitted by provisions of the zoning code;

  4. Garbage Cans. Garbage cans stored in front or side yards and visible from public streets except when placed in places of collection at the time permitted and in full compliance with Norwalk Municipal Code provisions;

  5. Lack of Landscaping. Landscaping not provided or maintained as required by the zoning code;

  6. Stagnant water or excavations;

  7. Unsightly Appearance. Any device, decoration, design, graffiti, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location;

  8. Inorganic Debris. Keeping of property including parkway areas with lumber, junk, trash, debris; abandoned, neglected and broken equipment, including visually

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City of Norwalk, CA § 8.36.040

NORWALK CODE

§ 8.36.060

damaged vehicles; abandoned, discarded or unused objects of equipment such as furniture, stoves, refrigerators, freezers, cans, containers or boxes;

9. Organic Debris. Keeping of property including parkway areas with an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar materials or conditions;

10. Fire Hazard. Keeping of property with combustible waste or vegetation which is in such condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause;

11. Attractive nuisances dangerous to children. (Prior code § 5-23.4; Ord. 1447 § 1, 1995; amended during 2008 republication; Ord. 21-1722 § 2)

Any person owning, managing or having charge, control or occupancy of a real property in the City, including the responsible officers or agents of any firm, partnership or corporation, violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. (Prior code § 5-23.5; Ord. 21-1722 § 2)

• A. The City may use the procedures set forth in Chapter 15.32 of the Norwalk Municipal Code, to abate or cause the abatement of property nuisances.

• B. When Section 15.32.160 provides for certified mail as one form of proper service of a notice pursuant to that chapter, the City may instead, in such instances, serve a notice by first class mail. Notices to a property owner concerning imposition of an assessment for the costs of abating a property nuisance shall be by certified mail.

• C. The compliance periods for any notice that the City issues to a responsible person by first class mail shall, notwithstanding any provision of Chapter 15.32 to the contrary, begin from the date the notice is deposited with the U.S. Postal Service, and not from the date the notice is received.

• D. Proper service of a notice provided for in Sections 15.32.160.10, 15.32.160.11 and 15.32.160.12 shall be by first class mail. Notices to a property owner concerning imposition of an assessment for the costs of abating a property nuisance shall be by personal service or by registered or certified mail upon every party concerned, by posting on the substandard building, if any, and upon the substandard property, if any, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when first class, registered or certified letters have been mailed to the address of the interested party as shown on the official record. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice.

The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin 10 days following the date of posting. Service by first class

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.36.060

§ 8.36.070

mail shall be deemed to have been completed at the time of deposit in the Post Office.

Failure of any owner, party concerned or other person to receive such notice shall not affect the validity of any proceedings taken hereunder. (Prior code § 5-23.6; Ord. 1447 § 2, 1995; Ord. 07-1590, Exh. A; Ord. 10-1633 § 4; Ord. 21-1722 § 2)

• A. Pursuant to California Health and Safety Code Section 17951, and any successor statute thereto, responsible persons, as identified in Section 8.36.030 of this chapter, who cause, allow or maintain a violation in, or upon, residential structures and associated real property, shall be charged fees (hereafter "code enforcement fees") by the City to defray its costs of code enforcement actions, as hereafter defined. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the City's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

• B. The amount of such fees for City Officials' time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the City Council.

• C. The City Manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.

• D. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe pursuant to Chapter 8.36, or in accordance with any other provisions of, or that are adopted by, the Norwalk Municipal Code, or that are imposed pursuant to County or State laws.

• E. Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement, or cessation of, or otherwise remove, a violation.

• F. Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law.

• G. As used in this section, the following words or phrases shall have the following definitions:

"Code enforcement actions" mean and include, but are not limited to, the time and other resources of public officials expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a residential structure. These include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings, conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the City at any time, and appearances before judicial officers or reviewing authorities during the pendency of a judicial or administrative proceeding and other appearances at such judicial or administrative hearings. The time and resources that public officials further expend to confirm that a residential structure remains free of a violation while a responsible person is on probation to a court or when a matter concerning a residential structure remains pending before a reviewing authority in an administrative action, shall

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City of Norwalk, CA § 8.36.070

NORWALK CODE

§ 8.36.080

also constitute code enforcement actions.

"Residential structures" mean and include all structures and premises that are regulated by the California State Housing Law (California Health and Safety Code, Division 13, Part 1.5, Section 17910 et seq.), and any future amendments thereto. These include, but are not limited to, apartment houses, hotels, motels, and dwellings, and residential buildings and structures accessory thereto, including, without limitation, garages and other similar structures.

"Violation" means and includes a public or property nuisance as described or referred to in this chapter, or any condition, activity or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, or inaction) by a responsible person in violation of any provision, regulation, or requirement of Title 8 or Title 15 of the Norwalk Municipal Code, or pursuant to any permit or approval issued pursuant to such titles. (Ord. 07-1590, Exh. B; Ord. 21-1722 § 2)

• A. A prevailing party in any civil or equitable judicial action to abate a public nuisance or violation as defined in Section 8.36.070(G) of this chapter, or in any administrative or special proceeding to abate a public nuisance, or in any appeal or other judicial action arising therefrom, may recover reasonable attorneys' fees in accordance with the following subsections:

  1. Attorneys' fees are not recoverable by any person as a prevailing party unless the City Manager, or a designee thereof, or an attorney for, and on behalf of, the City, elects in writing to seek recovery of the City's attorneys' fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorneys' fees in favor of any person or the City; and

  2. The City is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when an administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the City being the prevailing party.

• B. Provided that the City has made an election to seek attorneys' fees, an award of attorneys' fees to a person shall not exceed the amount of reasonable attorneys' fees incurred by the City in that action or proceeding.

• (Ord. 07-1590, Exh. B; Ord. 21-1722 § 2)

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.40.010

§ 8.40.050