9.08 — NUISANCE CODE

This chapter shall be known as the "Nuisance Code," may be cited as such, and will be referred to herein as "this Code."

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. It is the intent of the city council of the City of Oroville in adopting this Code to provide a comprehensive method for the identification and abatement of certain public nuisances within the City of Oroville.

• B. Provisions of this Code are to be supplementary and complementary to all of the provisions of the City Code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of Oroville to abate any and all nuisances.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

The provisions of this Code shall apply generally to all property throughout the City of Oroville wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this Code, but which is duly authorized under any city, state or federal law, shall not be deemed to be a violation of this Code. (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.040

§ 9.08.040

Article 2 Enforcement

For purposes of this Code, the following words shall have the following specified meanings:

"Cost of abatement" means the total cost incurred by the city in connection with enforcement of this Code including, but not limited to:

• Any cost incurred in removing or remedying a public nuisance;

2. A service fee for administrative services rendered by the city in connection with the inspection, notification, prosecution and abatement procedures authorized by this Code;

   • a. The service fee shall be in such amounts as are determined by resolution of the city council.

   • b. The service fee shall be calculated based on all services rendered by the city from the time of the initial inspection of the premises made for the purpose of documenting a violation of this Code until the violation is corrected.

   • c. The service fee is not intended to be a penalty imposed for violation of this Code or of other laws;

3. Any cost or fee incurred by the city in collecting the costs or fees enumerated in this section.

"Enforcement officer" means any person duly authorized by the city of Oroville to enforce this Code.

"Inoperative vehicle" means any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a public street or highway within this state, due to removal of, damage to, or deterioration of, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other component part necessary for such movement or lawful operation or which cannot be operated on a public street or highway because it is not currently registered with or fees paid to the California Department of Motor Vehicles.

"Junk" means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no substantial market value or requiring reconditioning in order to be used for its original purpose.

"Junk yard" means any premises from or on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored or transported, regardless of whether or not such activity is done for profit.

"Landscaping" means lawns, trees, plants or other decorative features such as ponds, fountains, walls, park strips, planter areas and rocks.

"Owner" means the owner of record of real property, or the occupant, lessee, or interested holder,

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City of Oroville, CA

OROVILLE CODE

§ 9.08.040

§ 9.08.050

as the case may be.

"Premises" means any real property or improvements thereon, as the case may be.

"Property" means premises.

"Unreasonable state of partial construction" means any unfinished building or structure, where construction has ceased for more than 45 days.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

It is unlawful, and hereby declared a public nuisance for any person owning, leasing, renting, occupying or having charge or possession of any premises in the city to maintain or to allow such premises to be maintained in such manner that any of the following conditions are found to exist thereon:

• A. Broken or discarded furniture, appliances, household equipment and furnishings or shopping carts stored on the premises so as to be visible from any public or adjacent parcel of property;

• B. Overgrown vegetation visible from any public or adjacent parcel of property that is likely to harbor rats, 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 rights-of-way;

• C. Dead, decayed, diseased or hazardous trees, weeds that have grown more than 12 inches in height or other vegetation constituting unsightly appearance, dangerous to public safety and welfare and visible from any public or adjacent parcel of property;

• D. Junk, packing boxes, cardboard boxes, lumber, trash, barrels, drums, salvage materials, or other debris kept on the property visible from any public or adjacent parcel of property;

• E. Attractive nuisances dangerous to children and other persons, including abandoned, broken or neglected equipment, inoperable vehicles, machinery, appliances, refrigerators and freezers, hazardous pools, ponds and excavations;

• F. Mosquito breeding environment caused by keeping, collecting or storing large bodies of water, standing water or areas of collected standing water such as: a swimming pool, fountain(s), miniature pond(s), ponds, planter(s), holes, ditch and or any other such containment of water;

• G. Personal property, such as vehicles, boats, trailers, inoperable vehicles or vehicle parts which are abandoned or left in a state of partial repair for 10 calendar days in front yards, side yards, driveways, side-walks or walkways and visible from any public or adjacent parcel of property;

• H. Vehicles parked or stored in residential zoning districts on property, other than on driveways, and visible from any public or adjacent parcel of property;

• I. 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;

• J. Unpainted buildings or those having dry rot, warping or termite infestation. Any building

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.050

§ 9.08.050

on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, or chalking as to render the building blighted and unsightly, and/or in a state of disrepair;

• K. Buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass, which constitutes a safety hazard and/or invites trespassers and malicious mischief. Plywood or other material used to cover such window space, if permitted under the city building regulations, shall be painted in a color or colors compatible with the remainder of the building;

• L. Building exteriors, walls, fences, driveways, sidewalks or walkways which are not maintained in good condition as to become materially detrimental to nearby properties and improvements;

• M. Trash containers of a multifamily residential, commercial or industrial building, which are not within a required enclosure unit for such building;

• N. The operation of a junk yard or automobile dismantling yard, except in an industrial zone pursuant to the requirements of Title 17 of the Oroville Municipal Code;

• O. Commercial and industrial equipment that is visible from any public or adjacent parcel of property;

• P. Construction equipment, automotive equipment, farm machinery, or machinery of any type or description parked or stored on the owner's property when it is visible from any public or adjacent parcel of property, except:

  1. During excavation, construction or demolition operations covered by an active building permit which are continuously in progress on the subject property or an adjoining property,

  2. During active farming operations, or

  3. When such machinery in an agricultural or industrial zoning district is appropriately stored;

• Q. Property which lacks appropriate landscaping, turf or plant material so as to cause excessive dust;

• R. The keeping, storing, depositing or accumulation for 10 calendar days of dirt, sand, gravel, concrete, and other similar materials;

• S. The owners of properties within the city who allow the following:

  1. Behavior that results in criminal activity, which deteriorates the appearance and property value of the neighborhood,

  2. Invites, encourages, or harbors criminal activity, or is unaware of criminal activity on his or her property, due to property neglect, resulting in repeated criminal prosecution or booking in the Oroville police department is a nuisance,

  3. The illegal sale of controlled substances and other illegal drugs and substances which creates a public nuisance as defined in Civil Code Sections 3479 and 3480,

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City of Oroville, CA

OROVILLE CODE

§ 9.08.050

§ 9.08.070

4. The frequent gathering, or coming and going, of people who have an intent to purchase or use controlled substances on the premises,

5. The occurrence of prostitution, or unlawful activities of a criminal street gang (as defined in Penal Code Section 186.22),

6. The making or continuing, or causing to be made and continued, of 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 in the area,

7. The firing of gunshots or brandishing of weapons by a resident of the premises, or by a guest of a resident;

• T. Any condition in violation of Title 6 of the Oroville Municipal Code (pertaining to animals and fowl);

• U. Any condition in violation of Title 15 of the Oroville Municipal Code (pertaining to building regulations);

• V. Any condition in violation of Chapter 15.60 of the Oroville Municipal Code (pertaining to fire protection);

• W. Any condition in violation of Chapter 13.08 of the Oroville Municipal Code (pertaining to garbage, rubbish and weeds);

• X. Any condition in violation of Chapter 12.04 of the Oroville Municipal Code (pertaining to streets and sidewalks);

• Y. Any condition in violation of Title 17 of the Oroville Municipal Code (pertaining to zoning).

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

The director of community development and public works, hereinafter referred to as "department head," is hereby authorized and directed to use the provisions of this Code for the purpose of abating those nuisances which exist as the result of violation of those ordinances for which his or her department has primary enforcement responsibility. The term "department head" shall include the authorized representatives of such department head, as well as the police chief, fire chief, and city administrator, and their authorized representatives as concerns matters for which their departments have primary enforcement responsibilities.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. Whenever possible to make an inspection to enforce any provisions of this chapter, or whenever the enforcement officer has reasonable cause to believe that there exists in any building or on any property any public nuisances, the enforcement officer may enter such building or property at all reasonable times to inspect the same and ascertain whether the provisions of this Code or applicable state codes are being obeyed and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include taking of photographs, samples or other physical evidence. All

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.070

§ 9.08.100

inspections, entries, examinations and surveys shall be done in a reasonable manner. If such building or property is occupied, the enforcement officer shall first present proper credentials or identification and request entry. If the building or property is unoccupied, the enforcement officer shall make a reasonable effort to locate the owner or other persons having control or charge of the building or property and request entry. If entry is refused, the enforcement officer shall have the recourse to every remedy provided to secure entry, including, but not limited to, securing an administrative inspection warrant pursuant to the procedures provided in state law, including California Code of Civil Procedure Section 1822.50, et seq., as it may be amended from time to time.

• B. When the enforcement officer shall have first obtained a proper administrative inspection warrant or other remedy provided by law to secure entry, no owner or occupant of the building or property shall fail or neglect, after proper request is made as provided in this section, to promptly permit entry therein by the enforcement officer for the purpose of inspection and examination pursuant to this chapter.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this Code and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

• B. Every occupant, lessee or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. This chapter is intended to provide the city with a mechanism by which it can abate existing municipal code violations or public nuisances and collect any administrative fees and costs incurred in the process.

• B. Pursuant to the procedures set forth herein, the expense of such enforcement or abatement activities shall be charged to the persons creating, causing, committing or maintaining the violation of the city's municipal code or the public nuisance at issue and, in addition to any other method authorized by law, shall be recovered from those persons as any account receivable or by way of a nuisance abatement lien or special assessment against the property at issue.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. Any person, firm or corporation, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this Code shall be guilty of a separate infraction for each day such violation continues.

• B. Any person who removes or defaces any notice or order posted as required by this chapter

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City of Oroville, CA § 9.08.100

OROVILLE CODE

§ 9.08.100

shall be guilty of an infraction.

• C. A violation of this Code shall be punishable by:

  1. A fine not exceeding $__________* for the first violation;

  2. A fine not exceeding $____________* for a second violation of the same section of this Code within one year;

  3. A fine not exceeding $____________* for the third violation of the same section of this Code within one year.

• D. Any person who violates the same section of this Code more than 3 times in one year shall be guilty of an infraction with a fine not exceeding the amount outlined in the Master Fee Schedule.

*** See Master Fee Schedule for current amount.**

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.110

§ 9.08.130