Division 19.31 — PROPERTY MAINTENANCE

This Division establishes a process to ensure that the property owner and/or responsible person maintain previously constructed or installed improvements on private property in a manner that protects the public health, safety, and general welfare.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Any person owning, leasing, occupying, or having charge or possession of any property shall maintain it in a manner that is determined by the Director to not be detrimental or injurious to the public health, safety, and general welfare, and that does not interfere with the comfortable enjoyment of life or property.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

It shall be unlawful to maintain or fail to maintain any property, or on-site improvements, in a manner that results in any of the following conditions:

A.

Nuisances Possibly Dangerous to Children. The storing or allowing the storage of any abandoned or broken appliances and equipment or neglected machinery on private property for any length of time. Any appliances, equipment, machinery, or accumulation of materials shall be removed immediately upon notification by the Director.

B.

Deteriorating and Defective Structures. Any and all improvements located on private property shall be presumed to be in violation of this Section if any of the following conditions exist:

Peeling paint, cracked or broken stucco, or other exterior covering, in excess of four square feet of any single facade (i.e., any exterior side) of a structure;

Broken, cracked, or missing windows or doors;

Roofs missing shingles, tile, or other material used as roof composition or the material is loose or unstable;

Improperly maintained (torn, tattered, shredded, broken, rusted) awnings; or

Fences, walls, and gates with peeling paint, broken bricks, broken mortar, cracked or broken stucco, or are which are not constructed of uniform materials or in a uniform manner.

C.

Hazardous and Unsanitary Conditions.

Accumulating any human or animal waste material or substances, stagnant water, or any combustible or hazardous materials or substances, fluid or solid on any part of or in any structure on real property.

A pond, spa, swimming pool, fountain, or other body of water which is abandoned, unattended, unfiltered, or not otherwise properly maintained, resulting in polluted or stagnant water.

D.

Improper Parking or Storage of Goods, Equipment, and Vehicles.

Using or allowing the use of any hardscape area for parking which prevents or hinders access to elevators, building entrances or exits, or trash receptacles or blocks access to any structure for emergency vehicles or personnel.

The keeping or storing of camper shells, inoperable vehicles, cargo containers, appliances, and other equipment and materials in yard areas or driveways in which storage is not allowed, where the items are not screened from view from public or private streets or highways.

E.

Non-maintenance of Landscape and Hardscape. Maintaining or allowing the maintenance of any paved areas for vehicle parking and access, porches, steps, or walkways in a hazardous condition due to cracked, raised, or missing surface materials.

F.

Non-maintenance of Parking Facilities. Failure to properly maintain any of the following parking lot features:

Driveway and parking area paving;

Lighting fixtures;

Lot striping;

Signs; and

Trash recepticals and enclosures.

G.

Overgrown, Dead, Decayed or Diseased Vegetation. Overgrown, dead, decayed or diseased vegetation on private property. There shall be a conclusive presumption that vegetation is overgrown or dead if it has not been cut and trimmed, not responded to adequate watering and maintenance, or not replaced within 15 days after notification by the Director that the vegetation is overgrown or dead.

H.

Refuse and Waste. Refuse and waste material which by reason of its location or character may constitute a fire hazard or threat to the health, safety, and general welfare, including aesthetic impacts, of the surrounding residential area. Compost piles are not considered refuse and waste.

I.

Other Provisions of the Municipal Code. A violation of any other provisions of the Municipal Code which pertains to real property, structures, or which otherwise concerns the public health, safety, and general welfare.

J.

Code Violations. Any violation of the Uniform Building Code, Uniform Fire Code, or Uniform Housing Code, as amended.

K.

Drainage. Land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, modifications or excavation, causes erosion, subsidence, or surface water drainage problems that may be potentially injurious to the public health, safety and welfare or to adjacent properties. Allowing obstructions to water flow to occur or develop within a natural drainage whether from a natural state, vegetative growth, placement of fill or any structures, or an object from an upstream location.

L.

Signs. Any sign in violation of Section 19.32. Allowing any abandoned sign that refers to a business that is no longer operating at the site to remain in place.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The abatement of any conditions described in this Chapter shall be performed in compliance with Division