Chapter 9.56 — ABATEMENT OF NUISANCES

• For weeds as nuisances - See Chapter 8.08.

(a) For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section:

(1) "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the enforcement officer in his judgment determines is necessary in the interest of the general health, safety and welfare of the community.

(2) "Enforcement officer" means either the fire chief or the building official and includes any official or officials in their respective departments duly appointed to administer the provisions of this chapter.

(3) "Premises" means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

(4) "Responsible person" means any agent, lessee, or other person occupying or having charge or control of any premises, except the owner.

(Ord. 3184 § 1, 1980: Ord. 1998 (part), 1961: prior code § 35.01)

The fire department and the department of planning and development services shall have concurrent jurisdiction to administer the provisions of this chapter.

(Ord. 5494 § 3, 2020: Ord. 4745 § 9, 2002: Ord. 3184 § 2, 1980: Ord. 1998 (part), 1961: prior code § 35.02)

(a) Each of the following conditions constitutes a nuisance, and whenever an enforcement officer determines that any of such conditions exist upon any premises, he may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property:

(1) The existence of any accumulation of solid waste upon the premises so as to be a nuisance under Section5.20.180.

(2) The existence of weeds upon the premises, or public sidewalks, or streets, or alleys between said premises and the centerline of any public street or alley, so as to be a nuisance under Section 8.08.010.

(3) The existence of any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof, so as to be a nuisance under Section 8.04.050(a).

(4) The existence of any tree or shrub on any private property or in any street, of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services so as to be a nuisance under Section 8.04.050(b).

(5) The existence within the thirty-five foot triangle of property at the intersection of streets improved for vehicular traffic, of any tree limb, shrub, hedge, or plant exceeding three feet in height where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists or pedestrians so as to create a safety hazard, so as to be a nuisance under Section 8.04.050(c).

(6) The existence of any vines or climbing plants growing into or over any street tree or any public hydrant, pole or electrolier contrary to the provisions of Section 8.04.050(d) or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department.

(7) The existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees so as to be a nuisance under Section 8.04.050(e).

(8) The existence of any branches or foliage which interfere with visibility on, or free use of, or access to, or obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel so as to be a nuisance under Section 8.04.050(f).

(9) The existence of hedges or dense thorny shrubs and plants on any street or part thereof so as to be a nuisance under Section8.04.050(g).

(10) The existence of shrubs and plants more than two feet in height in any street, measured above top of curb grade so as to be a nuisance under Section 8.04.050(h).

(11) The existence of any open pit in any closed or abandoned trampoline center.

(12) The existence of any act or condition that presents a fire, panic, or life safety hazard, or would contribute to the rapid spread of fire or inhibit mitigation or increase the chance of release of hazardous material, or would interfere with, hinder or delay the egress of occupants or response of emergency personnel, so as to be a nuisance under Section 15.04.055.

(13) The existence upon the sidewalk in front of any premises of anything which shall restrict the public use thereof so as to be a nuisance under Section 9.48.020.

(14) The existence upon the sidewalk in front of any premises of any dirt, debris or litter so as to be a nuisance under Section9.48.050.

(15) The existence of any sign erected, constructed or maintained in violation of or which fails to comply in any way with the provisions of Chapter 16.20 of this code.

(16) The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk.

(17) The storage or keeping of any used or unused building material in a location out of doors for more than thirty days within a year; provided, that nothing in this subsection shall:

(A) Make lawful any such storage when it is prohibited by other ordinances or laws;

(B) Prohibit such storage upon the premises of a bona fide lumberyard or other dealer in building materials when the same is permitted under the Zoning Code and other applicable laws;

(C) Prohibit such storage for ninety days when done in conjunction with the construction project for which a valid building permit is in effect if required and which is being prosecuted diligently to completion; extensions for additional periods of time may be granted by the building official when additional storage time is necessary and upon proof that such construction project will be diligently pursued.

"Building materials," as used in this subsection, means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials.

(18) The storage or keeping in a location out of doors of any unused and abandoned open pit or excavation, building foundation, automobile, trailer, housetrailer, boat or other vehicle or major parts thereof. Without limiting the foregoing, any such thing stored or kept for a period in excess of thirty days in a year shall be presumed to be unused and abandoned for purposes of this provision.

(19) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place, which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition.

(20) The existence of any driveway which is determined to have been abandoned, pursuant to the provisions of Section12.08.090; provided, that no notice need be given to the owner of the property with respect to the abatement of such condition other than that provided in this chapter.

(21) Any other condition on or use of property which is in fact a menace to the public peace, health, or safety.

(Ord. 5557 § 5, 2022: Ord. 4745 § 10, 2002: Ord. 4722 § 2, 2001: Ord. 3209 § 1, 1980: Ord. 2068, 1962: Ord. 1998 (part), 1961: prior code § 35.04)

(a) The enforcement officer shall cause any owner or other responsible person to be notified of the existence of such condition on the premises and shall direct that such person or persons shall abate said condition or appear before the enforcement officer at a stated time and place and show cause why such condition should not be abated by the city at such person's expense.

(b) The notice shall be substantially in the following form:

NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION

(Name and address of person notified)

As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at __________ you are hereby notified that the undersigned pursuant to Section 9.56.030 of the Palo Alto Municipal Code has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection _____ of Section 9.56.030:

You are hereby notified to abate said condition to the satisfaction of the undersigned within ____ days of the date of this notice or to appear at the office of the ____________, _________, at _________________, Palo Alto, California, on __________,19, at _____ o'clock ___.M., and show cause, if any you have, why said condition should not be abated by the city, and the expenses thereof charged to you as a personal obligation and/or made a lien upon said buildings or grounds. Abatement is to be accomplished in the following manner:

(NAME OF DEPARTMENT AND HEAD)

Dated: __________________

By _____________________

(Ord. 1998 (part), 1961: prior code § 35.05)

(a) A copy of the notice provided for in Section9.56.040 shall be sent to the owner and may be sent to any other of said persons sought to be charged with the responsibility of abatement. The notice shall be sent by mail, postage prepaid and addressed as follows:

(1) To the owner: As such person's name and address appear on the last equalized assessment roll or as known to the enforcement officer or the person authorized by the enforcement officer to give such notice;

(2) To any other such person: As such person's name and address are known to the enforcement officer or the person authorized by him to give notice.

(b) The person giving such notice shall file a copy thereof in the office of the enforcement officer together with an affidavit or certificate stating the time and manner in which such notice was given. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

(Ord. 2452, 1968: Ord. 1998 (part), 1961: prior code § 35.06)

At the time fixed in said notice, the enforcement officer shall hear testimony offered on behalf of the person or persons sought to be charged which tends to show why said condition should not be abated and the expense thereof charged to such person as a civil debt and/or made a lien upon the buildings or grounds. The enforcement officer may hear rebuttal testimony on behalf of the city. If at the conclusion of such hearing the enforcement officer is satisfied that said condition exists and concludes that it should be abated at the expense of such person or persons as aforesaid, he shall so advise such persons attending the hearing, either orally or in writing. In the event any person given notice of hearing as shown by the evidence of mailing fails to appear at said hearing, then as to him such evidence of mailing shall, without the taking of further testimony, be sufficient evidence of the existence of facts in support of said conclusion, and no notice of said conclusion of the enforcement officer need be given to any such person failing to appear.

(Ord. 1998 (part), 1961: prior code § 35.07)

In all cases where the enforcement officer has determined to proceed with abatement, then on the day following the date fixed for said hearing or, if the matter has been continued by the enforcement officer, the day following the conclusion thereof, the city shall acquire jurisdiction to abate said condition at said person's expense as herein provided. Upon the abatement of such condition or any portion thereof by the city, all the expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice as in this chapter provided, excepting only such of said persons which the enforcement officer has concluded pursuant to proof at the hearing are not persons properly charged with the responsibility of abatement within the meaning of this chapter. The debt shall be collectible in the same manner as any other civil debt owing to the city.

(Ord. 1998 (part), 1961: prior code § 35.08)

If the debt is not paid upon demand, and in the event the city officer charged with the collection of the debt shall determine not to file civil suit to collect the same, then the debt may be embodied in a report and an assessment list which shall be filed with the city clerk as provided in Section 8.08.060. Thereafter proceedings shall be had as provided in Sections 8.08.060 to 8.08.090 inclusive for the placement and collection of liens on property.

(Ord. 1998 (part), 1961: prior code § 35.09)

If and when an owner or other responsible person undertakes to abate any condition described in this chapter, whether by order of an enforcement officer or otherwise, all needful and legal conditions pertinent to said abatement may be imposed by an enforcement officer, and it is unlawful for the owner to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to such abatement.

(Ord. 1998 (part), 1961: prior code § 35.10)

The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described in this chapter, and abatement under this chapter shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition.

(Ord. 1998 (part), 1961: prior code § 35.11)

Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, any enforcement officer or his authorized representative shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a lien on the property and be collectible as provided in Section 9.56.080.

(Ord. 2068 (part), 1962: prior code § 35.12)

It is unlawful for any person to maintain, or allow to be maintained, any condition described as a nuisance in Section9.56.030. Violations shall be a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished.

(Ord. 4453 § 43, 1997: Ord. 3184 § 2 (part), 1980)

The following designated employee positions may enforce the provisions of this chapter by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: chief building official, plan check engineer, assistant fire chief, fire inspector, building inspection supervisor, and code enforcement officer.

(Ord. 4453 § 44, 1997: Ord. 3184 § 2 (part), 1980)