Article III — Oakdale Municipal Code

Property Maintenance and Public Nuisances

§ 19-48. Findings and purpose. [Ord. No. 1177, § 1; Ord. No. 1191, § 3.]

(a) A host of physical conditions of structures and properties within the City can constitute a public nuisance which is injurious to the residents and property owners in the community. Such public nuisances can create conditions that negatively affect one's health, or be indecent or offensive to the senses, or an obstruction to visual blight, so as to interfere with the comfortable enjoyment of life or property of an entire community or neighborhood, or by any considerable number of persons.
(b) Just as physical conditions of structures and properties within the City can constitute public nuisances, so can too the behavior of persons on properties within the City constitute public nuisances. The abatement of such behavioral nuisances is as important to the City in its fight against blight, decay, deterioration and crime as is the abatement of other nuisances created by physical conditions.
(c) The owners of real properties within the City are responsible for monitoring their properties and for taking appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance creating behaviors, or the combination of conditions. Many nuisances can be avoided with active property management. Lack of proper management of real property can create an environment, which is conducive to behaviors, which become a nuisance with repetition and lack of abatement and corrective measures. If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health and welfare of the neighborhoods, and the City as a whole, that the City be able to undertake abatement action.
(d) Because of the profound impact and affect behavioral nuisances have on the community, individuals and crime, the council, in adopting this article finds the civil penalties imposed for a violation of this article are justified and necessary to protect the health, property, and integrity of this community.
(e) Nothing in this article exempts property owners from compliance with state or federal laws, including, but not limited to, laws on housing, eviction, retaliatory conduct, discriminatory conduct, or invasion of privacy, nor with City laws relating to housing or relocation.
(f) The purpose of this article is:
- (1) To set forth and enforce minimum standards relating to the management of activities conducted or conditions on real property to protect the public health, safety and welfare, and;
- (2) To put in place remedies which will permit the City to take timely, effective, efficient administrative or other legal action against property owners who permit or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance creating behaviors or conditions and control the environment, both physical and behavioral, on such real properties.
(g) The provisions of this article are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in this code, state or federal laws, regulations, or case law.
(h) It is not the intent nor purpose of this article to subject owners or managers to any legal liability resulting from a tenant's actions away from the owner's or manager's own property unless it can be shown that the problem tenant is also creating a nuisance or committing a crime on the owner's or

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City of Oakdale, CA § 19-48

OFFENSES – MISCELLANEOUS

§ 19-49

manager's property.

§ 19-48.1. Definitions. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1; Ord. No. 1191, § 3.]

(a) PUBLIC NUISANCE — Means the creation or maintenance of any condition upon public or private property which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, or a detriment to property values, or contributes to visual blight, so as to interfere with the comfortable enjoyment of life or property of an entire community or neighborhood, or by any considerable number of persons.
(b) BUILDING — Means any structure used or intended for supporting or sheltering any use or occupancy and includes any house, garage, duplex, apartment, condominium, stock cooperative or other residential structure, and includes all retail, commercial and industrial structures.
(c) CITY MANAGER — Means the City Administrator Manager or the City Manager's designees (hearing officer).
(d) HABITUAL — Means patterns or occurrences evidenced by frequent repetition or regularity, or that evidence a mode of practice or usage.
(e) OWNER — Means any person owning property, as shown on the last equalized assessment roll for City taxes, or other person having control or possession of the property.
(f) PERSON — Means any individual, partnership, corporation, association or other organization, however formed.
(g) PROPERTY — Means all property within the City and includes any building located on such property.
(h) TENANT OR OCCUPANT — Means any person or group of persons entitled to occupy the whole or part of a building or land, pursuant to a written or oral lease, tenancy at will, tenancy at sufferance or otherwise.
(i) UNREASONABLE STATE OF PARTIAL CONSTRUCTION —Means any unfinished building or structure which has been in the course of construction two years or more, and where the appearance or other conditions of said unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces property value in the immediate neighborhood.

§ 19-49. Unlawful property nuisances. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

It is hereby declared a public nuisance and a violation of this article for any person owning, or any tenant or occupant leasing, renting, occupying or having charge or possession of any property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by this Code:

(a) Land configuration which, whether in natural state or as a result of excavation or grading operations, causes erosion, subsidence, or surface water drainage problems, or is injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;
(b) Encroachments on the public right-of-way without proper authority;
(c) Broken or discarded furniture, household equipment and furnishings or shopping carts stored on the property so as to be visible from a public street or neighboring properties;

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City of Oakdale, CA § 19-49

OAKDALE CITY CODE

§ 19-49

(d) Overgrown vegetation visible from a public street likely to harbor rodents, vermin or other nuisances or which obstructs the view of drivers on public streets or private driveways, or which impedes, obstructs or denies pedestrian or other lawful travel on sidewalks, walkways, or other public rightsof-way;
(e) Dead, decayed, diseased or hazardous trees, weeds, or other vegetation constituting unsightly appearance, dangerous to public safety and welfare and visible from a public street;
(f) Packing boxes, cardboard boxes, lumber, junk, trash, garbage, barrels, drums, salvage materials, garbage, rubbish or other debris kept on the property which is not properly contained and disposed, for an unreasonable period of time and visible from a public street or neighboring properties;
(g) Attractive nuisances dangerous to children or other persons, including abandoned, broken or neglected equipment, machinery, appliances, refrigerators and freezers, hazardous pools, ponds or excavations;
(h) Personal property such as vehicles, boats, trailers or vehicle parts which are abandoned, inoperative, or left in a state of partial repair for an unreasonable period of time in front yards, side yards, driveways, sidewalks or walkways and visible from a public street or neighboring properties;
(i) The use of boats, trailers, campers or camper shells, or similar vehicles, or equipment for sleeping or cooking purposes in areas and at times where such use is not specifically authorized;
(j) Vehicles, trailers, campers or boats parked or stored in residential zoning districts on property, other than on driveways or other impervious surfaces, or areas where such parking and storage is specifically authorized, and visible from a public street;
(k) Performance of mechanical work on motor vehicles on private property in residential areas visible from public right-of-way or neighboring properties for periods totaling more than four weeks within any calendar year;
(l) Uncleaned spills, or the disposal of oil, gasoline, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid or solid wastes in such a manner as to constitute a condition considered injurious to the public health, safety and welfare, cause pollution to land, water, air in the City, or degrade the appearance or property value of neighboring properties;
(m) Buildings which are abandoned, partially destroyed, left in an unreasonable state of partial construction or have been declared substandard or dangerous by the building official;
(n) Unpainted buildings and those having dry rot, warping or termite infestation. Any building on which the condition of paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation as to render the building unsightly and in a state of disrepair;
(o) Buildings lacking adequate weather protection; with holes in walls or roofs; or windows containing broken glass or no glass at all, where the window is the type that normally contains glass, which constitutes a hazard and/or invites trespassers and malicious mischief. Plywood or other material used to cover such window space or other openings, if permitted under this Code, shall be painted in a color or colors compatible with the remainder of the building;
(p) Building exteriors, walls, fences, driveways, sidewalks or walkways which are constructed of substandard materials (chicken wire or patch board fences, etc.) or maintained in such condition as to become effective or appear unsightly or are materially detrimental to nearby properties and

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City of Oakdale, CA § 19-49

OFFENSES – MISCELLANEOUS

§ 19-49.1

improvements;

(q) Lights, lighted signs, or other devices that direct or reflect glare onto public rights-of-way or neighboring properties;
(r) Blighted signage, in disrepair, or abandoned, or otherwise in violation of City ordinances regulating signs on public or private property or in the public right-of-way;
(s) Construction equipment, farm machinery, or machinery of any type or description parked or stored on the owner's property when it is visible from a public street, except:
- (1) During excavation, construction or demolition operations covered by an active building permit which are in progress on the subject property or on an adjoining property.
- (2) During active farming operations, or
- (3) When such machinery is in an agricultural or industrial district and is appropriately stored/ screened as may be required by district ordinance;
(t) Property which lacks appropriate landscaping, turf or plant material so as to cause excessive dust;
(u) The keeping, storing, depositing or accumulation for an unreasonable period of time of dirt, sand, gravel, concrete, and other similar materials, which manner of keeping, storing or depositing or accumulation constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses;
(v) Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment or use of such adjacent properties.

§ 19-49.1. Unlawful behavioral nuisances. [Ord. No. 1177, § 1.]

It is hereby declared a public nuisance and a violation of this article for the owner, whether through the owner or owner's agent, lessee, sublessor, sublessee, or occupant of any premises in the City to permit, with actual or constructive knowledge, any of the following activities or behavior to habitually occur on the property of the owner:

(a) The illegal sale, use or possession of controlled substances or other illegal drugs and substances;
(b) The gathering, or coming and going, of people who have an intent to purchase or use controlled substances on the premises;
(c) The occurrence of prostitution;
(d) Unlawful activities of a criminal street gang (as defined in theCalifornia Penal Code);
(e) The making or continuing, or causing to be made and continued, or any loud unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing on the property or in the area.
(f) The unlawful discharging of a firearm or brandishing of a weapon by any person;
(g) The frequent response by the Oakdale Police Department to the real property or the adjacent area (but not the real property of another) as a result of any person or persons causing any combination of the following calls as indicated in the City of Oakdale Police Department Incident Code identifier:

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City of Oakdale, CA § 19-49.1

OAKDALE CITY CODE

§ 19-54

(1) Animal disturbances, including but not limited to competitive fighting between animals.
(2) Violent criminal acts, charged or not, including, but not limited to, rapes assaults, battery, homicides and/or shootings.
(3) Illegal consumption of intoxicants in public view.
(4) Gaming activities.
(5) Juvenile disturbances.

"Frequent" as used in this subsection means such response is occurring more than one and onehalf times than the average number of such responses for property of a similar size in character;

(h) The presence of graffiti or other defacing words, letters or drawings, trash and debris on the property for more than a 48-hour period.

§ 19-50. Declaration of public nuisance. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

Any property found to be maintained in violation of the foregoing §§ 19-49 and 19-49.1 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth in this chapter or elsewhere in the municipal code. The procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

§ 19-51. Notification of nuisance. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

Whenever the City Manager or his or her designee determines that any property within the City is being maintained contrary to the provisions of § 19-49(a)-(v), the manager or designee shall give notice to the owner of the property, and the person responsible for causing the violation if that is not the owner, stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than ten days, for correcting the violation(s) and may set forth suggested methods of correcting them. Such notice shall be served upon the owner in person or by certified mail.

§ 19-52. Authority to issue administrative citation. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

In the event the owner or person responsible for the violation shall fail, neglect or refuse to comply with the notice of order to abate, the City Manager or his or her designee shall have the authority to issue an administrative citation in accordance with the provisions of article V of this chapter.

§ 19-53. Authority to initiate administrative remedies. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

In the event the owner or person responsible for the violation(s) shall fail, neglect or refuse to comply with notice of order to abate, or to respond to the issuance of an administrative citation, the City Manager or his or her designee shall have the authority to initiate administrative remedies in accordance with the provisions of article VI of this chapter, in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.

§ 19-54. Abatement by City. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

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City of Oakdale, CA

OFFENSES – MISCELLANEOUS

§ 19-54

§ 19-59

(a) If the nuisance is not abated within the specified abatement period, the City Manager or his or her designee shall abate the nuisance utilizing City employees or private contractor. The cost of abatement and administration for same shall be billed to the owner, and be due and payable thirty days thereafter. Administrative costs shall include personnel costs, costs incurred in documenting the nuisance, costs of notices, specifications and contracts, inspections, and costs of printing and mailing required by this article.
(b) In the event the property owner disputes the cost of abatement and administration they shall give notice to the City Clerk of such objection and the clerk shall set the matter for hearing before the City Council within thirty days after receipt of said notice at which time the council will hear evidence presented by the owner and staff and determine whether or not the cost of abatement and administration are reasonable.

§ 19-55. Assessment lien. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

In the event the costs to abate the nuisance are not paid by the owner, the City shall prepare a special assessment against the subject property requiring the abatement of nuisance. Assessment will be implemented upon recordation in the office of the county recorder of a notice of lien on the property for the amount of the assessment; or to cause the amounts of the respective assessments to be added to the next regular tax bills levied against the affected properties.

§ 19-56. Alternative actions available. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

Nothing in this article shall be deemed to prevent the council or City Manager from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing other means available under provisions of applicable ordinances or state laws, to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth in this article.

§ 19-57. Violations. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

(a) The owner or other person having charge or control of any such building, structure or property who maintains any public nuisance defined in this chapter, or who violates any order of abatement made pursuant to this article is guilty of an infraction.
(b) Any person who removes or defaces any notice or order posted as required by this chapter is guilty of an infraction.
(c) No person shall obstruct, impede or interfere with any representative of the City or City contractor engaged in vacating, repairing, rehabilitating or demolishing or removing a building or nuisance pursuant to the provisions of this chapter, or in performing any necessary act preliminary or incidental to such work as authorized or directed pursuant to the provisions of this article.

§ 19-58. Severability. [Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

If any section, subsection, sentence, clause or other part of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article.

§ 19-59. through § 19-62. (Reserved for future legislation)

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City of Oakdale, CA § 19-63

OFFENSES – MISCELLANEOUS

§ 19-64