Chapter 6.10 — PROPERTY MAINTENANCE

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Back yard" means that portion of property between the building closest to the front property line and the back property line.

"Building" means any house, garage, duplex, apartment, condominium, stock cooperative and other residential and non-residential structures.

"City" shall mean the City of Parlier.

"City manager" means the city manager of the city or the city manager's designee.

"Front yard" means that portion of property between the street and the building closest to the street. In the case of a corner lot, "street" means the address street for the property in question.

"Owner" means any person owning property as shown on the last equalized assessment roll for city taxes or the lessee, tenant or other person having control or possession of the property.

"Person" means any individual, partnership, corporation, association or other organization, however formed.

"Property" means:

All non-residential zoned real property and any building or buildings located on such property (herein "non- residential property"); and

All residential zoned real property and any building or buildings located on such property (herein "residential property").

For purposes of this chapter, "property" shall be considered unfenced unless the structure or device forming the physical barrier meets the definition set forth in Section 18.20.140 of this code.

"Side yard" means that portion of property between a building and the side property line.

(Ord. No. 2006-05, § 1, 6-5-2006)

It is unlawful for any owner of any residential and/or non-residential property in the city to maintain, or to allow to be maintained, such residential property in such manner that it is injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire hazard, which includes, but is not limited to, any of the following conditions if found to exist thereon, except as may be allowed by any other provision of law, including provisions by city ordinances:

A.

The accumulation of dirt, litter or debris;

B.

Buildings which are abandoned, boarded up, partially destroyed, or partially constructed or are uncompleted (not approved for occupancy) and applicable building permits have expired;

C.

Broken windows, doors, attic vents and under floor vents;

D.

Improperly maintained landscaping in open view of the public from city streets, alleys and rights-of-way. Such improperly maintained landscaping includes, but is not limited to, hazardous trees and other vegetation unsightly in appearance or dangerous to public health, safety and welfare;

E.

Overgrown vegetation which is unsightly in appearance and likely to harbor rats or vermin;

F.

Dead, decayed or diseased trees, weeds and other vegetation;

G.

Lumber or salvage materials shall not be stored in any area which is visible to public streets or neighboring properties at ground level. These items may be kept on commercial and industrial properties provided they are screened from view at ground level from adjacent properties and public rights-of-way, and all approvals required by Title 18 of this code have been attained and any conditions of approval have been complied with;

H.

No junk, trash, rubbish, garbage or salvage materials maintained upon any premises in open view to any person in normal use of an adjacent public alley, public street or adjoining property;

I.

Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other household fixtures, appliances or similar equipment stored so as to be visible to a person under the same circumstances as subsection H of this section;

J.

Abandoned, wrecked, dismantled or inoperative trailers, campers, boats and other motor vehicles which are accumulated or stored in yard areas;

K.

Buildings shall be maintained in a condition such that deteriorated or peeling exterior treatments shall not permit the effects of the sun and water penetration to cause or encourage decay, dry rot, and warping, cracking or similar deterioration of the building;

L.

Walls, fences, driveways or walkways which are cracked, broken, defective, deteriorated, in disrepair or defaced due to any writing, inscription, figure, scratches or other markings commonly referred to as "graffiti";

M.

Attractive nuisances dangerous to children including, but not limited to, abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations;

N.

No hanging and/or drying of laundry shall be permitted in any required front or side yard which is visible from a public right-of-way. No laundry shall be hung on a fence at any time;

O.

Vehicle parts or other articles of personal property in open view from adjoining property and/or public streets, alleys, sidewalks or rights-of-way which are abandoned (kept on any residential property more than seventy-two hours) or left in a state of partial construction or repair.

(Ord. No. 2006-05, § 1, 6-5-2006)

A.

It is unlawful for any owner to fail, refuse or neglect to keep the sidewalk in front of such owner's house, place of business or premises in a clean condition.

B.

It is unlawful for any owner of any property in the city to maintain upon such premises any unsightly, partly completed or partly destroyed buildings, structures or improvements in the city which endanger or injure neighboring properties or the public health, safety or general welfare.

C.

It is unlawful for any owner of any lot, parcel, tract or piece of land, improved or unimproved, located in the city to maintain upon such premises or upon the sidewalk abutting or adjoining such lot, parcel tract or piece of land, all loose earth, mounds of soil, dry grass, weed, dead trees, tin cans, abandoned asphalt or concrete rubbish, refuse and waste material of any kind or other unsanitary substance, object or condition which may endanger or injure neighboring property or the health, safety and welfare of the residents of the vicinity of such property lands or lots or which may obstruct such sidewalks and thereby endanger or injure persons traveling thereon.

(Ord. No. 2006-05, § 1, 6-5-2006)

It shall be the duty of the owner of any lot, parcel, tract or piece of land, improved or unimproved, in the city to keep such lot, parcel, tract or piece of land free from all earth, soil, grass, weed, dead trees, tin cans, rubbish, refuse and waste material of all kinds, or other unsanitary substances or objects which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property.

(Ord. No. 2006-05, § 1, 6-5-2006)

A.

Director. "Director," as used in this section, refers to the director of public works when the procedures in this section apply to a violation involving the existence of unlawful conditions in the public right-of-way. In all other situations, the term "director" means either the city manager, the city's designated building official or the city's community development director ("director").

B.

Notice of Abatement. Whenever the director finds that any condition(s) prohibited in this chapter exist on any property located within the city, the director shall give, or cause to be given, notice to abate the unlawful condition(s) existing on the property. Such notice shall be in writing and shall detail the existing conditions(s) which constitute a violation of this code. This notice shall be in substantially the following form:

NOTICE OF ABATEMENT

TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED:

YOUR ATTENTION IS HEREBY CALLED to the provisions of Sections _______ through _______ of the Municipal Code of the City of Parlier, California, on file in the office of the City Clerk in the City Hall.

Pursuant to the provisions of said Sections, you are hereby notified that (description of unlawful conditions)

---

---

_____ .

Such action(s) must be completed within thirty (30) days from the date of this notice and thereafter you must maintain the said premises free of any of the unlawful conditions described above.

In the event you shall fail to either commence or complete such work within the time herein above mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefore will be a lien upon the said premises and/or upon the lot or parcel of land adjoining and abutting the sidewalk is to be cleaned.

The said building, structure, improvement or property is situated in the City of Parlier, Fresno County, California, on premises described as Assessor's Parcel No. _______.

Address: _____ .

RIGHT TO APPEAL

YOU HAVE THE RIGHT TO APPEAL FROM THE REQUIREMENTS OF THIS NOTICE BY FILING A WRITTEN APPEAL WITH THE CITY CLERK IN ACCORDANCE WITH SECTION 6.10.060D OF THE MUNICIPAL CODE WITHIN TEN (10) DAYS AFTER THE DATE OF POSTING, PUBLISHING, SERVING OR MAILING OF THIS NOTICE OF ABATEMENT, WHICHEVER IS LATER.

Dated at Parlier, California, this _______ day of _______.

---

Director of Community Development City of Parlier, California

C.

Such notice shall be given by delivering the same personally to the owner, agent of the owner, lessee, occupant or by depositing it in the United States mail at Parlier, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant or person in possession of the lot, piece or parcel of land therein described at his last known address, and if no address is known or made known to the director, then to general delivery, Parlier, California, and there shall be a copy of such notice posted in a conspicuous place upon the building, structure, or improvement. In the absence of fraud, no error or mistake in the sending of the notices, or any of them, and no failure on the part of any property owner to receive the same shall in any way affect the validity of the proceedings, but the person mailing or posting, and such affidavit shall be inclusive evidence that the notices have been mailed or posted as required.

D.

Notice to Abate Violation—Appeal. Within ten days after the date of posting, publishing, serving or mailing, as applicable, of a notice, whichever shall be the last, the owner, agent of the owner, lessee, occupant or person in possession of the premises who may have been served with such notice or any person interested in the property, land or lots, building, structure or improvement affected by such notice may appeal to the council on the requirements of such notice. The failure to appeal shall constitute a waiver of the right to a hearing on the director's determination. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the city clerk, and shall be presented to the council by the city clerk at its next regular meeting. The council shall thereupon proceed to hear and pass upon the appeal, if any, and its decision thereon shall be final and conclusive. The council shall thereupon determine by resolution whether the director shall proceed in accordance with the notice as given or as modified by the council, or not at all, and its decision thereon shall be final and conclusive.

(Ord. No. 2006-05, § 1, 6-5-2006)

If the owner, agent of the owner, lessee, occupant or person in possession of the premises who may have been served with a notice fails to appeal the notice or to take such action as required by the notice within the time therein provided, or as extended by the council, and in accordance with the provisions of this section, it shall be the duty of the director to take such action as specified in the notice necessary to abate the unlawful condition(s) existing on the premises. The director shall prepare a statement of the expense incurred in the razing, demolishing, removing, reconstruction or other affirmative act necessary to abate the unlawful condition(s) and shall file such statement with the city clerk. Such statements shall refer to the particular premises including any improvements, structures or buildings thereon, upon which the actions taken to abate the unlawful conditions occurred. With regard to the premises of each piece of property therein referred to, the statement shall show the assessor's parcel number of the lot upon which the structures, improvements or buildings were located at the time that the actions to abate the unlawful condition(s) were taken or shall describe such premises in any other way that they may be easily identified. Such statement shall also show the cost of the action(s) taken; provided, however, that if the premises

include more than one lot, one or more or all of the lots may be set forth in one or the same statement. If the director finds that it will be necessary to take action to abate the unlawful condition(s) which exists on the premises twice during the year in order that such property shall not become a continuing nuisance, the director shall add to such statement a sufficient amount to abate such nuisance and correct such condition(s).

(Ord. No. 2006-05, § 1, 6-5-2006)

Within ten days after the filing of the statement referred to in Section 6.10.070 of this chapter, the city clerk shall cause to be served upon the owner, agent of the owner, lessee, occupant or person in possession of the parcel of land described in the statement and in the notice personally or by mail addressed to his last known address or if such address in unknown to general delivery, Parlier, California and shall post upon the parcel of land therein described and publish once in a newspaper of general circulation a notice substantially in the following form:

NOTICE RE EQUALIZATION OF ASSESSMENT FOR:

(description of action to be taken to abate prohibited condition)

NOTICE IS HEREBY GIVEN that the City Council of the City of Parlier, California, will, on the, _______ day of , 20, in the Council Chamber of the City Hall beginning at the hour of _______ of said day, hear any protest or objection to the cost of (describe proposal action to be taken) on _______, Assessor's Parcel No. _______, in the City of Parlier, California, for the purpose of correcting, modifying, or confirming the said costs and assessing the same against the said property. Failure to make any objection will be deemed to be a waiver of any objection or protest to any and all procedures concerning the same. A statement showing all premises affected and charges against the same and/or the cost and proposed assessment for such action is on file in the office of the City Clerk at the City Hall and is open to public inspection.

Dated this _______ day of , 20.

---

City Clerk

A.

Equalization of Assessment—Hearing. Person(s) served with a notice of assessment or any other person holding an interest in the property may object to the proposed assessment by filing a written protect to the proposed assessment by filing a written protect with the city clerk on or before the date set for the hearing referred to in the notice. The city clerk shall present to the council all protests so filed. The council, sitting as a board of equalization at the hearing which shall be held at the first regular meeting of the council after the expiration of ten days after the date of service or posting of the notice on the property therein described, may modify or correct any assessment which, in its option, is excessive or otherwise incorrect. If no corrections or modifications are made, the assessment shall be deemed confirmed, and the council's decision thereon shall be final and conclusive, and the assessment shall thereupon become a lien thereon until the assessment is paid. If any correction or modification of any assessment is made by the council,

the corrected or modified amount shall be deemed confirmed, and the council's decision thereon shall be final and conclusive, and the same shall thereupon become and remain a lien. Thereupon the city clerk/director of finance shall send out bills for the respective assessments. Any bills unpaid at the end of thirty days may be referred to the city clerk/director of finance for collection.

B.

Delinquent Assessments—Filing of Assessments with Office of County Recorder. If delinquent, the amount of the assessment is subject to the same penalties and interest as provided for ordinary municipal taxes and may be subject to foreclosure as provided by law. Upon receipt of the assessment roll, the city clerk/director of finance shall record the assessment with the Office of the County Recorder of Fresno County.

C.

Proceeds of Sale and Payments. The funds collected under the proceedings provided for in this section, either upon voluntary payment or as the result of sales shall be paid to the city clerk, who shall place the same in the general fund.

D.

Assessments, Payments and Refunds. No assessment or act relating to the assessment of collection of any sum of money for the cleaning of any premises or for any work done by the director under the provisions of this section shall be illegal or void on account of any informality in connection with the levying of the assessment or the doing of the work or because the same was not completed within the time required by law. Any payment erroneously paid or illegally collected under the provisions of this section may be refunded by the city clerk upon any order of the council after a proper showing of such erroneous payment of illegal collection. Any claim for any such refund shall be verified and filed within ninety days after making the payment sought to be refunded.

E.

Right of City to Sue for Assessments and Costs. The city may sue in any court of competent jurisdiction for the amount of the assessment, penalties and costs, and the satisfaction of any judgment thereby obtained shall cancel any lien for the assessment.

F.

Right to Entry. It shall be unlawful for any person, owner, agent of the owner, lessee or anyone in possession of any premises within the city to refuse to allow the director or his/her agents or employees, to enter upon the premises at anytime during the hours of daylight for the purpose of abatement of the prohibited condition(s), or to interfere in anyway whatsoever with the director, or his/her agents or employees, in any work which he or she may undertake under the provisions of this section.

(Ord. No. 2006-05, § 1, 6-5-2006)

Any property found to be maintained in violation of Sections 6.10.020 or 6.10.030 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. The procedures for abatement set forth in this chapter shall be cumulative and shall not in any manner limit or restrict the city from enforcing this and other city ordinances in any other manner provided by law.

(Ord. No. 2006-05, § 1, 6-5-2006)

Where a public nuisance, as defined in this chapter, has resulted in injury or damage to any person or property, any person creating or maintaining such public nuisance shall be liable to the city for any sums recovered for such injury or damage from the city in a court of competent jurisdiction together with the city's cost and attorneys and expert's fees.

(Ord. No. 2006-05, § 1, 6-5-2006)

Nothing in this chapter shall be deemed to prevent the council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this chapter constitutes an infraction. The city manager is designated as the enforcement authority.

(Ord. No. 2006-05, § 1, 6-5-2006)

A.

Any person, firm or corporation violating or causing or permitting to be violated any of the provisions of this chapter shall be deemed guilty of an infraction.

B.

Any person, firm or corporation convicted of an infraction under the provisions of this chapter shall be punishable as provided in Government Code Section 36900. Any violation beyond the third conviction within a one-year period may be charged by the District Attorney of Fresno County as a misdemeanor, and the penalty for conviction of the same shall be subject to a fine or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19.

C.

Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

D.

The city manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.

(Ord. No. 2006-05, § 1, 6-5-2006)