Article IX — PROPERTY CONSERVATION

SEC. 7-150. FINDINGS, PURPOSE, AND INTENT.

(A) The city council finds as follows:

(1) Certain detrimental conditions of property are injurious or potentially injurious to the public health, safety and welfare. Such detrimental conditions contribute to

the diminution of property values, to disproportionate expenditures of city funds for protection against hazards, crime, accidents, fires, and disease. Such detrimental conditions interfere with the city's and community's efforts to protect the community from matters that are offensive to the senses and that interfere with the comfortable enjoyment of life and property.

(2) Regulation of the uses and abuses of property as described herein reasonably relates to the proper exercise of police power to protect the public health, safety

and welfare.

(3) Unless the city council undertakes corrective measures to alleviate such present and future detrimental conditions, the community's public services and quality

of life will decline.

(4) The alleviation of such detrimental conditions will appreciate the values and appearance of property in the city, benefit the use and enjoyment of property in the

city and will ultimately improve the city's tax base.

(B) This article is intended:

(1) To define as nuisances and attractive nuisances certain conditions that are harmful or detrimental to the health, safety, and welfare of the citizens of the city;

(2) To promote the sound maintenance of property and to enhance the livability, community appearance, and social, economic, and environmental conditions of the

city; and

(3) To correct nuisances and attractive nuisances in a manner that affords due process to all parties.

(C) This article is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of any other laws, ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city is a party.

(D) This article provides the minimum standards for maintenance of property in the city. Where this article imposes a greater restriction upon property or structures thereon than is imposed or required by existing provisions of law, ordinance, contract, or deed, the provisions of this article shall control.

(`64 Code, Sec. 19-62.1) (Ord. No. 2331)

SEC. 7-151. NUISANCES; GENERAL.

Any person or entity owning, leasing, occupying, or having charge or possession of any real property maintained in such manner that any of the following conditions are found to exist thereon shall be guilty of creating a nuisance in violation of this code.

(A) Buildings or structures that are abandoned, partially destroyed, or left in an unreasonable state of partial construction, such as any unfinished building or structure that has been in the course of construction two years or more, and the appearance or other conditions of the unfinished building or structure substantially detracts from the appearance of the surrounding property or reduces property values of the surrounding property;

(B) Unpainted buildings or structures; buildings or structures having dry rot, warping, or termite infestation; or buildings or structures on which the condition of the paint or other exterior weather protection has become so deteriorated as to show excessive checking, cracking, peeling, chalking, or as to render the building or structure unsightly and in a state of disrepair;

(C) Buildings or structures with broken windows constituting hazardous conditions or inviting trespassers or malicious mischief;

(D) Buildings or structures with exteriors, walls, roofs, fences, driveways, sidewalks, or walkways that are in such a condition as to be defective, unsightly, or in such a condition of deterioration or disrepair as to cause depreciation of the values of surrounding property or as to be materially detrimental to surrounding property;

(E) The storage or accumulation of lumber, junk, trash, salvage materials or debris visible from a public street, public alley, or adjoining public or private property; (For the purpose of this subsection, the term “debris” shall include unused or discarded matter and material having no substantial market value, including (without limitation or exclusion by enumeration) such matter and material as: rubbish, refuse, and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, abandoned, wrecked, dismantled or inoperative vehicles, vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles, and barrels.)

(F) Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment that is visible from a public street, public alley, or adjoining public or private property;

(G) Construction equipment or machinery that is visible from a public street, public alley, or adjoining public or private property, except wile city-authorized and permitted excavation, construction, or demolition operations are in progress on the subject property or an adjoining property;

(H) Property maintained so out of harmony or conformity with the standards of surrounding property as to cause substantial diminution of the enjoyment, use, or values of such surrounding property;

(I) Dead, decayed, diseased, or hazardous trees, weeds, or overgrown vegetation, cultivated or uncultivated, that are likely to harbor rats or vermin, constitute a fire hazard, or constitute an unsightly appearance that is detrimental to surrounding property values;

(J) Materials or items of any nature on a rooftop that are visible from a public street, public alley, or adjoining public or private property, except if permitted by code for location on such rooftop;

(K) Any condition that violates any use permit approved by the planning commission or city council that relates to the appearance or maintenance of real property;

(L) Use of a trailer or camper for living or sleeping purposes, except in a licensed mobile home park;

(M) Use of a boat for living or sleeping purposes, except on a waterway;

(N) Any off-street parking facility that is not maintained as required at the time of the original construction or development, unless subsequently modified by permit;

(O) Any property containing a motor vehicle that has not been registered for operation on a public highway within the preceding six months, unless such vehicle is fully enclosed within a building or structure and is not visible from a public street, public alley, or adjoining public or private property. This section shall not apply to any commercial business or operation that has received all city approvals, licenses, and permits to conduct motor vehicle sales, repairs, assembly/disassembly, or storage of such vehicles and is operating in compliance with all the conditions of such approvals, licenses, or permits;

(P) Property maintained in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code, Section 3480.

(`64 Code, Sec. 19-62.2) (Ord. No. 2331)

SEC. 7-152. ATTRACTIVE NUISANCES.

Any person or entity creating or maintaining an attractive nuisance shall be in violation of this code. An attractive nuisance includes all objects or things which would be classified as an attractive nuisance under common law, statute, or case law, plus the following:

(A) Unprotected pools, ponds, or refrigerators, freezers, or other airtight containers not properly secured against entry. For the purpose of this subsection, the terms “pool” or “pond” shall include any exterior improvement or excavation that contains water to a depth of 18 inches or more.

(B) Fences or walls that violate zoning regulations regarding height, or that are in a hazardous condition, or that are in disrepair, or that hinder free access to public sidewalks.

(C) Unpaved or deteriorated parking lots containing uneven surfaces or drainage problems that are hazardous to the public.

(`64 Code, Sec. 19-62.3) (Ord. No. 2331)

SEC. 7-153. APPEAL OFFICER.

For the purposes of this article, the city council hereby creates the office of appeal officer. The appeal officer shall be designated by the city manager.

(`64 Code, Sec. 19-62.4) (Ord. No. 2331)

SEC. 7-154. NOTICE TO ABATE; VOLUNTARY ABATEMENT; APPEAL.

(A) Whenever a code enforcement officer, city inspector, or police officer finds that a nuisance or attractive nuisance exists on a particular property in accordance with section 7-151 or section 7-152, above, then such city official shall either:

(1) Deliver to the owner, lessor, occupant, or person in charge or possession of the property a written notice to abate the nuisance or attractive nuisance; or

(2) Mail, by regular mail, a written notice to abate the nuisance or attractive nuisance to the owner, as listed on the last equalized assessment roll for such property,

and post a copy of the written notice to abate the nuisance or attractive nuisance on the property in a conspicuous place.

(B) Any person notified to abate a nuisance or attractive nuisance pursuant to subsection (A) above, shall either:

(1) Abate the nuisance or attractive nuisance within ten days of delivery of such notice, or, in the case of service by mail and posting, within 15 days from the day of

mailing or posting such notice, whichever is later; or

(2) Within ten days of delivery of such notice, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting such notice, whichever

is later, file an appeal that:

(a) Disputes the notice to abate the nuisance or attractive nuisance; or

(b) Contends that to abate the nuisance or attractive nuisance within the time set forth in subsection (B)(1) above, is impossible or impractical.

(`64 Code, Sec. 19-62.5) (Ord. No. 2331, 2379)

SEC. 7-155. APPEAL PROCEDURE.

(A) A written appeal shall be filed with the city clerk not later than ten days after delivery of the notice to abate, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting the notice, whichever is later. Such appeal shall set forth the following information:

(1) The street address or assessor's parcel number of the property in question;

(2) The specific facts that justify the appellant's contentions; and

(3) The appellant's name, an address to send all notices, and a daytime telephone number to contact appellant or leave messages for appellant.

(B) The appeal officer shall notify the appellant of the time and place for the appeal and shall conduct the appeal within a reasonable time but not less than five days after receipt of the appeal by the city clerk.

(C) The appeal officer shall consider all material evidence that a reasonable person would normally rely upon to make a significant decision.

(D) The appeal officer shall make written findings of facts and conclusions of law, and render a decision as to whether or not the property constitutes a nuisance or attractive nuisance and, if so, when such condition must be abated.

(E) All decisions by the appeal officer shall be final decisions of the administrative power of the city.

(`64 Code, Sec. 19-62.6) (Ord. No. 2331, 2379)

SEC. 7-156. ABATEMENT BY CITY.

If the nuisance or attractive nuisance is not abated within the time specified in the notice to abate the nuisance or attractive nuisance or within ten days from the date of the denial of any appeal, the city manager shall abate the nuisance.

(Ord. No. 2768)

SEC. 7-157. ABATEMENT AND RELATED ADMINISTRATIVE COSTS INCURRED BY CITY.

The costs of abatement incurred by the city of a nuisance or attractive nuisance and related administrative costs shall be paid by the property owner and shall be collectible by the city as a civil debt.

(Ord. No. 2768)

SEC. 7-158. ABATEMENT AND RELATED ADMINISTRATIVE COSTS AS LIEN.

(A) When the city abates a nuisance as defined in section7-151 or an attractive nuisance as defined in section 7-152, the city manager or designee may impose a lien for recovery by the city of the costs for abatement and related administrative costs upon the property on which the nuisance or attractive nuisance was maintained.

(B) Prior to recording a lien, the city manager or designee shall prepare a nuisance abatement cost report containing the following information:

(1) The street address, legal description, and assessor's parcel number of the parcel on which the lien is to be imposed;

(2) The name and address of the owner of the property;

(3) The name of the city as the agency on whose behalf the lien is imposed;

(4) The date of the abatement order; and

(5) The amount of the lien.

(C) The city manager or designee shall notify each property owner of the time, date, and location that the city council shall consider any cost report imposing a lien on the owner's property. The city manager or designee shall serve the notice in the same manner as a summons in a civil action pursuant to Article 3 (commencing with section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.

(D) If the property owner cannot be located after diligent search, the city manager or designee may serve the notice by posting a copy of the notice upon the subject property in a conspicuous place for a period of ten days. The city manager or designee shall also publish the notice pursuant to Code of Civil Procedure section 6062 in a newspaper of general circulation that is published in Ventura County.

(E) At a public hearing, the city council shall consider the cost report with any objections of any property owner liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.

(F) Upon approval by the city council, the city manager or designee shall file a certified copy of the cost report with the county auditor. The city manager or designee request that the county auditor process and record the lien.

(Ord. No. 2768)

SEC. 7-159. PENALTIES.

(A) If a person or entity is served a notice to abate a nuisance or attractive nuisance pursuant to section7-154(A) and fails to either abate the condition within ten days of the delivery of such notice, or in the case of service by mail and posting, within 15 days from the day of mailing or posting the notice, whichever is later or fails to file a timely appeal, such person shall be guilty of a misdemeanor. Each day that such nuisance or attractive nuisance exists beyond the time set forth in this chapter for abatement or appeal of the notice to abate such nuisance or attractive nuisance shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.

(B) If a person or entity is served a notice to abate a nuisance or attractive nuisance pursuant to section7-154(A) and files an appeal, such person shall comply with the decision of the appeal officer. If a person or entity fails to comply with a decision of the appeal officer that person or entity shall be guilty of a misdemeanor. Each day that such person or entity fails to comply with the decision of the appeal officer shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.

(`64 Code, Sec. 19-62.7) (Ord. No. 2331, 2379; 2768)

SEC. 7-160. JUDICIAL REMEDIES.

(A) In addition to the other remedies of this chapter the city attorney is authorized to:

(1) Commence a civil action in the superior court to enforce all or any of the provisions of any abatement order;

(2) Commence a civil action, including seeking a receivership, to abate a public nuisance as an alternative to, or in conjunction with, an administrative proceeding

pursuant to this chapter.

(B) In any civil action, administrative or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys’‘ fees; provided, that attorneys’ fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.

(Ord. No. 2919)