Chapter 7.06 — PROPERTY MAINTENANCE

The intent of this chapter is to provide minimum standards for the maintenance of property in the city. This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or city 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. In the event this chapter 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 chapter shall govern.

(Code 1972, § 7.06.010; Ord. No. 1065, § 3(part), 1999)

Every owner, lessee, occupant or person in control of property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter; any such owner, lessee, occupant

or person in control of such property remains liable for violations hereof regardless of any contract or agreement with any third party regarding such property.

(Code 1972, § 7.06.020; Ord. No. 1065, § 3(part), 1999)

The following acts and conditions when conducted or existing upon any lot or parcel within the city are unlawful and shall constitute a public nuisance injurious or potentially injurious to the public health, safety and welfare:

(1)

Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to any of the following conditions:

a.

Faulty weather protection including, but not limited to, crumbling, cracked, missing, broken or loose exterior plaster or other siding, roofs, foundations or floors, broken or missing windows or doors, or unpainted surfaces causing dry rot, warping, or termite infestation,

b.

Buildings or structures which are not completed within a reasonable time and for which the permit for such construction has expired,

c.

Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons or animals or which are boarded up by the use of a method or materials not approved by the department of planning and community development,

d.

Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks,

e.

Broken windows or shattered windows constituting hazardous conditions;

(2)

Dead, decayed, diseased or hazardous trees; weeds and other overgrown vegetation likely to harbor rats, vermin or other animals or constitute a fire hazard;

(3)

Campers and other mobile equipment stored for more than three days in front yards;

(4)

Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals), including, but not limited to, open access to pools, ponds, iceboxes, refrigerators, neglected machinery, excavations, or stagnant water;

(5)

Open storage of or scattered materials including the following:

a.

Debris, rubbish or trash not stored in trash receptacles and visible from public right-of-way;

b.

Abandoned, discarded, broken, wrecked or inoperable household furnishings, appliances, machines and tools, or similar objects of equipment;

c.

Discarded building materials or machinery;

(6)

Packing boxes and other debris stored in yards and visible from public streets;

(7)

Clotheslines in front yard areas or visible from public streets;

(8)

Garbage or trash cans or containers stored in front yards and visible from public streets;

(9)

Unpaved or deteriorated parking lots containing uneven surfaces, inadequate drainage or surfaces that are hazardous to the public;

(10)

Maintenance of premises 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 section 3480 of the California Civil Code.

(Code 1972, § 7.06.030; Ord. No. 1065, § 3(part), 1999)

Whenever the director of planning and community development finds, upon the recommendation of a duly authorized representative of the city, that a nuisance, as defined by section 7.06.030, exists on any premises located within the city, he shall advise the property owner, lessee or occupant of the property on which the nuisance is located of the nuisance and direct that the nuisance be abated. The property owner, lessee or occupant shall be notified of the existence of the alleged nuisance in accordance with section

The notification shall detail the violations and establish a reasonable abatement period which

shall not be less than ten days.

(Code 1972, § 7.06.040; Ord. No. 1065, § 3(part), 1999)

The owner, lessee or occupant of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in section 7.06.040 by rehabilitation, repair, removal or demolition. The owner, lessee or occupant shall advise the department of planning and community development of the abatement. Once so advised, the department shall inspect the premises to ensure that the nuisance has, in fact, been abated.

(Code 1972, § 7.06.050; Ord. No. 1065, § 3(part), 1999)

If an alleged nuisance is not properly abated within the period established under the provisions of section 7.06.050, the property owner, lessee or occupant shall be served with written notice of intention to abate the nuisance in accordance with sections 7.06.070 and 7.06.090 by the director of planning and community development.

(Code 1972, § 7.06.060; Ord. No. 1065, § 3(part), 1999)

The notice of intention to abate public nuisance described in section 7.06.060 shall demand that the property owner, lessee or occupant remedy or abate such nuisance within a reasonable period of time, which shall not be less than ten days. It shall also give notice of the time, date and place that a public hearing shall be held by the board of zoning adjustment as established in title 19 on the question of the determination of the public nuisance and the abatement of the public nuisance. The public hearing shall be set for a date after the time afforded for abatement expires.

(Code 1972, § 7.06.070; Ord. No. 1065, § 3(part), 1999)

The director of planning and community development or his designee may enter upon the land maintaining a nuisance condition as defined herein for the purpose of posting or serving notice in accordance with state and federal law.

(Code 1972, § 7.06.080; Ord. No. 1065, § 3(part), 1999)

Service of notice under section 7.06.070 shall be made by any one of the following methods:

(1)

By personal service on the owner, occupant or person in charge or control of the property;

(2)

By regular mail addressed mail to the owner or person in charge and control of the property, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail;

(3)

By posting at a conspicuous place on the land or abutting public right-of-way.

(Code 1972, § 7.06.090; Ord. No. 1065, § 3(part), 1999)

At the time and place stated in the notice of public hearing, the board of zoning adjustment shall hear and consider all relevant evidence, objections or protests, and shall receive testimony of owners, lessees, occupants, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. The hearing may be continued from time to time as determined by the board of zoning adjustment.

(Code 1972, § 7.06.100; Ord. No. 1065, § 3(part), 1999)

Following the public hearing, the board of zoning adjustment shall consider all evidence and determine whether the premises, or any part of the premises, or property constitutes a public nuisance as alleged. If the board of zoning adjustment finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the board of zoning adjustment shall make a written order setting forth those findings and ordering the owner, lessee, occupant or other person having possession or control of the premises to abate the nuisance by rehabilitation, repair or demolition in the manner and by the means specifically set forth in the board of zoning adjustment order. The order shall state that if the nuisance is not abated by the owner, lessee, occupant or person in control of property within the prescribed period of time set by the board of zoning adjustment, it shall be abated by the city. The order shall state that the cost of abatement shall be assessed upon the property from which the nuisance is removed and shall constitute a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The order shall be mailed to the property owner or person occupying or controlling such lot or premises within five days following the decision of the board of zoning adjustment in the manner provided in section 7.06.090.

(Code 1972, § 7.06.110; Ord. No. 1065, § 3(part), 1999)

Within ten days from the date of mailing, posting or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At the regular meeting or adjourned regular meeting of the city council, not less than five calendar days nor more than 30 calendar days thereafter, it shall proceed to hear and determine such appeal. The decision of the city council thereupon shall be final and conclusive. The city clerk shall notify the appellant in writing no later than three days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him at the address stated in his written appeal.

(Code 1972, § 7.06.120; Ord. No. 1065, § 3(part), 1999)

The property owner, lessee, occupant or person having charge or control of the property, may, at his own expense, abate the nuisance as prescribed by the notice to abate public nuisance. If the nuisance has been inspected by a representative of the city and has been determined to be abated in accordance with the notice, proceedings shall be terminated.

(Code 1972, § 7.06.130; Ord. No. 1065, § 3(part), 1999)

If the nuisance is not completely abated by the owner, lessee, occupant or person having charge or control of the property within the time prescribed in the notice to abate public nuisance, the director of planning and community development or his designee, is authorized and directed to cause the nuisance to be abated by city forces or by private contract. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on each separate property shall be filed with the director of planning and community development. In furtherance of this section, the director of planning and community development or his designee, in accordance with state and federal law, is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

(Code 1972, § 7.06.140; Ord. No. 1065, § 3(part), 1999)

(a)

The director of planning and community development or his designee, shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land, where the work is done and shall render an itemized report, in writing to the city council, demonstrating the cost of abatement and the rehabilitation, demolition or repair of the premises, building or structures, less any salvage value relating thereto; provided that before the report is submitted to the city council, a copy of the same shall be served in accordance with the provisions of section 7.06.090, together with a notice of the time when the report shall be heard by the city council for confirmation. A copy of the report and notice shall be posted for at least three days prior to its submission to the city council within the city hall where city council agendas are posted.

(b)

The term "incidental expenses" shall include, but shall not be limited to, expenses and costs to the city for notice preparations, contract negotiations, inspections, legal fees and other related costs incidental to the enforcement of the provisions of this chapter.

(Code 1972, § 7.06.150; Ord. No. 1065, § 3(part), 1999)

The city clerk shall thereupon set the cost report and account for hearing by the city council at the first regular or adjourned regular meeting, which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time, date and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city office.

(Code 1972, § 7.06.160; Ord. No. 1065, § 3(part), 1999)

The city council shall consider the cost report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall approve the report and account as submitted, or as modified or corrected by the city council. The amounts so approved shall be liens upon the respective lots or premises, upon which abatement was performed, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll.

(Code 1972, § 7.06.170; Ord. No. 1065, § 3(part), 1999)

The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council, as provided in section 7.06.150.

(Code 1972, § 7.06.180; Ord. No. 1065, § 3(part), 1999)

The total cost for abating a nuisance as defined by this chapter and as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates. Upon recordation in the office of the county recorder of a notice of lien so made and confirmed pursuant to this chapter, such notice of lien shall constitute a lien on the property for the amount of such assessment.

(1)

After such confirmation and recordation, a copy shall be filed with the assessor and tax collector of the county, acting for the city in order that county officials may add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land and thereafter, such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes;

(2)

After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(Code 1972, § 7.06.190; Ord. No. 1065, § 3(part), 1999)

(a)

Any owner, lessee, occupant or other person having possession or control of any buildings, structures or premises, who creates or maintains any public nuisance as defined in this chapter, and who fails to comply with the order of abatement served as provided in section 7.06.090, may be charged with an infraction.

(b)

Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, may be charged with an infraction.

(c)

Any person who obstructs, impedes or interferes with any representative of the city or with any person who owns, leases or occupies property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter may be charged with an infraction.

(Code 1972, § 7.06.200; Ord. No. 1065, § 3(part), 1999)

Any owner, lessee, occupant or other interested person having any objections regarding any proceeding taken on appeal by the city council in ordering the abatement of any public nuisance, or costs of abatement and assessment of costs under the provisions of this chapter, must bring an action to contest such decision within 30 days after the date of such decision of the city council. Otherwise, all objections to such decision shall be deemed waived.

(Code 1972, § 7.06.210; Ord. No. 1065, § 3(part), 1999)

(a)

Nothing in the foregoing sections shall be deemed to prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth herein.

(b)

In addition, nothing in the foregoing sections shall be deemed to prevent the authorized city officials from issuing criminal citations for violations of the provisions of this Code.

(Code 1972, § 7.06.220; Ord. No. 1065, § 3(part), 1999)