Redding Municipal Code Ch. 1.15 Abatement of Properties, Buildings and Conditions

This chapter provides abatement procedures for violations of the Redding Municipal Code and other codes adopted by the city when such violations create immediately dangerous, dangerous or substandard buildings or conditions on real property or otherwise constitute a public nuisance that endangers the life, limb, health, property, safety or welfare of the public.

(Ord. 2356 § 3 (part), 2005)

As used in this chapter:

"Combustible materials" mean materials that are readily ignitable, free-burning, or that will ignite through contact with flames of ordinary temperatures and includes combustible decorative materials, combustible fibers, combustible liquids, and combustible waste material as those terms are defined in the California Fire Code adopted by the city.

"Dangerous building" means any building or structure that has one or more of the conditions or defects described in Section 1.15.090 of this chapter.

"Enforcement officer" means any city officer, employee, or agent of the city designated by the municipal code or the city manager to enforce particular provisions of the municipal code or any code adopted by the city, and includes the city's health officer, fire chief, building official, director of development services, enforcement officer, and their respective designees.

"Immediately dangerous building" means any building or structure that has been so damaged by fire, infestation, seismic disturbance, or by any other cause, including neglect, to the extent that its structural integrity is irreparably damaged or destroyed and is in imminent danger of collapsing or where the condition of the structure poses an immediate and present threat to life, health or safety of the public.

"Immediately dangerous condition" means a condition on any property that, in the opinion of the enforcement officer, is of such a nature as to be imminently dangerous to the health, safety or welfare of the public, and that would subject any person to po-tential harm of a serious nature unless abated without delay.

"Junk" means any cast-off, damaged, discarded, junked, obsolete, salvaged, 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 a junkyard as that term is defined in Title 18 or any property 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.

"Owner" means the owner of record of real property, occupant, lessee, sublessee, interested holder in real property, or homeowners association, as the case may be. For purposes of this chapter, a homeowners association that exercises management and/or control over a common area shall be deemed an owner of the area over which such control is exercised. Exercising control includes but is not limited to ownership, maintenance, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.

"Person" means individuals, partnerships, corporations, joint ventures, receivers, limited liability company, trust, estate, cooperative, association or any other entity.

"Property" means any real property and/or improvements thereon, as the case may be, including but not limited to, an area designated as a common area within a condominium or similar project.

"Public nuisance" means any property, building, or structure that has one or more of the conditions or defects described in Section 1.15.150 of this chapter.

"Rubbish" means and includes all waste, refuse and rejected matter, whether animal, vegetable or mineral, manufactured or natural, including but not limited to; cast away furniture, packing materials, construction waste, dry manure, debris, tree or shrub trimmings, or other matter that could constitute or increase a fire hazard.

"Substandard building" means any building or structure that has one or more of the conditions or defects described in Section 1.15.140 of this chapter.

"Weeds" mean and include plants that bear seeds of a downy or winged nature; sagebrush, chaparral, manzanita, berry bushes, bamboo, and any other brush that can become a fire hazard to the property or adjacent property; poison oak; and dry grass, grass or weed stubble, dry or dead brush or shrubs.

(Ord. 2356 § 3 (part), 2005)

A. All buildings, structures, and properties that are required to be repaired, demolished, secured, or otherwise abated under the provisions of this chapter shall be subject to the requirements and standards set forth in the Redding Municipal Code or any other code adopted by the city.

B. All buildings, structures, and properties within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection in accordance with and in the manner provided by applicable provisions of the Redding Municipal Code or any other code adopted by the city.

(Ord. 2356 § 3 (part), 2005)

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 the Redding Municipal Code or any other code adopted by the city, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

(Ord. 2356 § 3 (part), 2005)

A. Any property owner or tenant of property within five hundred feet of an immediately dangerous building, an immediately dangerous condition, a dangerous building, a substandard building or a public nuisance, as defined in this chapter, is declared to be damaged thereby.

B. Any such party may institute a civil action against the property owner or lessee, sublessee, or occupant who creates or maintains an immediately dangerous building, an immediately dangerous condition, a dangerous building, a substandard building or a public nuisance to obtain damages and/or require compliance with the requirements of the Redding Municipal Code or any other code adopted by the city. Damages shall include actual damages, costs, attorney's fees, and a civil penalty of up to five hundred dollars in addition thereto.

C. Nothing in this provision shall be construed to limit any other right or remedy otherwise available in law or equity to any party, nor shall this provision in any way limit the city's right to enforcement under any other provision of this code nor shall it create a duty or obligation on the part of the city.

(Ord. 2356 § 3 (part), 2005)

A. The city council shall establish a special revolving fund to be designated as the abatement, repair, and demolition fund. Payments shall be made out of the fund upon the demand of the enforcement officer to defray the costs and expenses that may be incurred by the city in doing or causing to be done the necessary work of abatement, repair, demolition, or securement pursuant to this chapter.

B. The city council may at any time transfer to the abatement, repair and demolition fund, out of any money in the general fund or applicable enterprise fund of the city, such sums as it may deem necessary to expedite the performance of the work of abatement, repair, demolition or securement, and any sum so transferred shall be deemed a loan to the abatement, repair, and demolition fund and shall be repaid out of the proceeds of the collections provided for in this chapter. All funds collected under the proceedings in this chapter shall be paid to the city treasurer who shall credit the same to the abatement, repair and demolition fund.

(Ord. 2356 § 3 (part), 2005)

A. Any party who has maintained an immediately dangerous building, an immediately dangerous condition, a dangerous building, a substandard building, or a public nuisance may be subject to penalties following an administrative hearing conducted in accordance with the provisions of Chapter 1.14 of this code.

B. The cost of abatement, including all reasonable administrative and engineering costs incurred by the city as a result of the abatement, as well as any penalties imposed in connection with the abatement, may be collected as a special assessment against, or made a lien against, the property upon which the immediately dangerous building or immediately dangerous condition was located in accordance with the provisions of Chapters 1.14 and 1.15 of this code.

(Ord. 2356 § 3 (part), 2005)

A. Whenever an enforcement officer has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is an "immediately dangerous building" as defined in this chapter, the immediately dangerous building may be summarily abated and removed by the city without prior notice to any person who owns or occupies the building or structure.

B. Whenever an enforcement officer has inspected or caused to be inspected any property and has found and determined there exists on such property an "immediately dangerous condition" as defined in this chapter, the immediately dangerous condition may be summarily abated and removed by the city without prior notice to any person who owns or occupies the property.

C. The enforcement officer may summarily abate the immediately dangerous building or immediately dangerous condition in any reasonable manner that he or she determines will eliminate the immediate threat to the health, safety and welfare of the public. Reasonable means to abate the immediately dangerous building or immediately dangerous condition include, but are not limited to, demolition, repairing, boarding to city specifications, securing, fencing and vacating.

D. At any time after the initiation of summary abatement procedures pursuant to this section, any owner or occupant of the premises subject to summary abatement may make a written request to the city manager for a hearing to determine whether summary abatement procedures are appropriate and whether such procedures should continue. Upon such request, the city manager shall schedule an abatement hearing to be conducted in accordance with Sections 1.14.280 through 1.14.300 of this title as soon as practicable. During the scheduling and pendency of any hearing requested pursuant to this section, the enforcement officer's order shall remain in full force and effect unless or until such time that it is modified by the administrative hearings board or a hearing officer.

(Ord. 2356 § 3 (part), 2005)

Any building or structure that has one or more of the following conditions or defects shall be deemed to be a dangerous building when such conditions or defects endanger the life, health, property, or safety of the occupants or the public.

A. Whenever any door, aisle, hallway, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

B. Whenever the walking surface of any aisle, hallway, passageway, stairway, or other means of exit is so warped, buckled, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Redding Municipal Code, the California Building Code, or any other code adopted by the city for new buildings of similar structure, purpose or location.

D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Redding Municipal Code, the California Building Code, or any other code adopted by the city for new buildings of similar structure, purpose or location.

E. Whenever any portion or member of a building or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

F. Whenever any portion of a building or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of two-thirds of that specified in the Redding Municipal Code, the California Building Code, or any other code adopted by the city for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Redding Municipal Code, the California Building Code, or any other code adopted by the city for such buildings.

G. Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

H. Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of:

1. Dilapidation, deterioration or decay;

2. Faulty construction;

3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

4. The deterioration, decay or inadequacy of its foundation; or

5. Any other cause.

I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

J. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

K. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

L. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harbor for vagrants or criminals.

M. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the Redding Municipal Code, the California Building Code, the California Fire Code, any other code adopted by the city, or any law or ordinance of this state or city relating to the condition, location, or structure of buildings.

N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion, less than fifty percent or in any supporting part, member, or portion less than sixty-six percent, of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.

O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction, or arrangement, inadequate light, air or sanitation facilities, insects, rodents, pests or other vectors, or otherwise, is determined by the building official or health officer to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.

P. Whenever the fire chief has determined that a building, structure, or the premises thereof constitute a fire hazard for any of the following reasons:

1. Dangerous or unlawful amounts of combustible, explosive, or otherwise hazardous materials;

2. Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive, or otherwise hazardous materials;

3. Dangerous accumulations of rubbish, waste paper, boxes, shavings, or other highly flammable materials;

4. Accumulations of dust or waste material in air conditioning or ventilating systems, or accumulations of grease in kitchen or other exhaust ducts;

5. Obstructions to or upon fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the fire department or egress of occupants in case of fire;

6. Other conditions including, but not limited to, want of repairs, lack of adequate exit facilities, required automatic or other fire alarm apparatus or fire extinguishing equipment, which create a hazardous condition.

Q. Whenever any building or structure, because of lack of fire-resistive construction, or other cause, is determined by the building official or fire chief to be a fire hazard to life, health or property.

R. Whenever any building or structure, because of faulty electrical wiring or other cause, is determined by the building official or fire chief to be an electrical or fire hazard to life, health or property.

S. Whenever any building or structure, because of faulty gas connections, heating apparatus or water and sewer systems, or other cause, is determined by the building official or fire chief to be a hazard to life, health or property.

T. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is vacant, unoccupied, or abandoned for a period in excess of six months such that the building or portion thereof is an attractive nuisance or hazard to the health, safety and welfare of the public.

U. Whenever any well, septic tank, or other excavation appurtenant to any existing or demolished structure has been abandoned.

(Ord. 2356 § 3 (part), 2005)

Editor's note— Ord. No. 2545, § 1, adopted May 3, 2016, repealed § 1.15.100, which pertained to dangerous buildings—violation and derived from Ord. 2356, adopted in 2005.

A. Whenever an enforcement officer has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is a "dangerous building" as defined in this chapter, he or she shall commence an administrative proceeding to repair, vacate, secure, or demolish the building or structure.

B. Administrative proceedings to repair, vacate, secure, or demolish a dangerous building shall be governed by the provisions of Chapter 1.14 of this title. To commence such action, an enforcement officer shall issue a compliance order. In addition to the information required by Section 1.14.090 of this title, the compliance order shall contain:

1. A statement that the enforcement officer has found the building to be dangerous, with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 1.15.090 of this chapter.

2. A statement that the building must be repaired or demolished at the option of the owner within the following time limits:

a. If the owner elects to repair the building, all required permits for repair shall be secured therefore and the work physically commenced within thirty calendar days from the date of the compliance order and completed within such time as the enforcement officer shall determine is reasonable under all of the circumstances; or

b. If the owner elects to demolish the building, all required demolition permits shall be secured, and demolition commenced, not later than thirty calendar days from the date of the order, and that demolition be completed within such time as the enforcement officer shall determine is reasonable.

3. A statement advising that if, prior to compliance, the building or conditions in the building or on the property becomes an immediately dangerous building or immediately dangerous condition as defined in this chapter, the city may abate the immediately dangerous building as provided for such buildings or conditions in this chapter.

4. A statement advising that if any required repair or demolition work is not commenced or completed within the time specified, the enforcement officer:

a. May order the building vacated and posted to prevent further occupancy until the work is completed if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, or if the city's building official determines that repair or demolition of the building or structure cannot be accomplished without making it immediately dangerous to life, limb, property or safety of the public or its occupants;

b. May order the immediate disconnection of hazardous utility services (electricity, gas, sewer or water); and

c. May proceed to repair, secure, or demolish the building and charge the costs thereof against the property and its owner.

(Ord. 2356 § 3 (part), 2005)

Concurrent with service of the compliance order, the enforcement officer shall record a notice of pendency of action with the county recorder. The enforcement officer shall instruct the county recorder to record the notice and index it in the property index as well as in the name of each owner of record as shown in the last equalized assessment roll or the supplemental roll, whichever is more current, and/or as known to the enforcement officer. The notice shall be in substantially the following form:

NOTICE OF PENDENCY OF ACTION

NOTICE IS HEREBY GIVEN that pursuant to Redding Municipal Code Chapter 1.15, an administrative abatement action was commenced on _____, by the City of Redding against the property described herein and the action is now pending.

The action alleges that the property is in violation of Redding Municipal Code Chapter 1.15 in that it constitutes a dangerous building and that such dangerous building must be abated.

As of the date of commencement of the abatement action, the name and address of the record owner of the property described herein is: _____ .

The real property against which the abatement action is pending is that certain real property commonly known as _____, Assessor Parcel Number _____, and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF REDDING

Dated:

Name of Officer

(Ord. 2356 § 3 (part), 2005)

The enforcement officer shall record a notice of final disposition of action within fifteen calendar days following the earlier of the following dates: (1) the date the enforcement officer verifies both voluntary compliance in abating the dangerous building and payment of all accrued costs of abatement to which the city is entitled pursuant to this chapter; or (2) the date of final resolution of the abatement action. The notice of final disposition of action shall be in substantially the following form:

NOTICE OF FINAL DISPOSITION OF ACTION

NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code chapter 1.15:

1. Final disposition has been reached in the administrative abatement action referenced in that notice of pendency of action recorded on ___, in Book ___, at Page ___, of the Official Records of Shasta County, California.

2. The City of Redding does hereby withdraw the above-referenced notice of pendency of action.

3. The above-referenced notice of pendency of action affected that certain real property commonly known as ___________, Assessor Parcel Number _____, and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF REDDING

Dated:

Name of Officer

(Ord. 2356 § 3 (part), 2005)

Any building or structure, or any portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the following conditions to the extent that it endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and is declared to be a substandard building and a public nuisance.

A. Inadequate Sanitation. Inadequate sanitation shall include, but not be limited to, the following:

1. Lack of, or improper, water closet, lavatory, bathtub, or shower in a dwelling unit, lodging house, or congregate residence;

2. Lack of, or improper, water closets, lavatories, and bath tubs, or showers per number of guests in a hotel;

3. Lack of, or improper, kitchen sink;

4. Lack of hot and cold running water to plumbing fixtures in a dwelling unit, lodging house, hotel, or congregate residence;

5. Lack of adequate heating facilities;

6. Lack of, or improper operation of, required ventilating equipment;

7. Lack of minimum amounts of natural light and ventilation required by the Redding Municipal Code, the California Building Code, or any other code adopted by the city;

8. Room and space dimension less than required by the Redding Municipal Code, the California Building Code, or any other code adopted by the city. However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration or conversion;

9. Lack of required electrical lighting;

10. Dampness of habitable rooms;

11. Infestation of insects, vermin, or rodents as determined by the enforcement officer;

12. General dilapidation or improper maintenance;

13. Lack of connection to required sewage disposal system;

14. Lack of adequate garbage and rubbish storage and removal facilities as determined by the enforcement officer.

B. Structural Hazards. Structural hazards shall include, but not be limited to, the following:

1. Deteriorated or inadequate foundations;

2. Defective or deteriorated flooring or floor supports;

3. Flooring or floor supports of insufficient size to carry imposed loads with safety;

4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members that sag, split, or buckle due to defective material or deterioration;

7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

8. Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration;

9. Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.

C. Nuisances. Any nuisance as defined in this code, state law, or common law.

D. Hazardous Wiring. Hazardous wiring includes all wiring not installed, maintained or used in conformance with the Redding Municipal Code, the California Building Code, the California Electrical Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous wiring shall not include wiring that conformed with all applicable laws in effect at the time of installation and that has been adequately maintained in a good and safe condition and is being used in a safe manner.

E. Hazardous Plumbing. Hazardous plumbing includes all plumbing not installed, maintained or used in conformance with the Redding Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous plumbing shall not include plumbing that conformed with all applicable laws in effect at the time of installation and that has been adequately maintained in a good and safe condition and that is free of cross-connections and siphonage between fixtures.

F. Hazardous Mechanical Equipment. Hazardous mechanical equipment includes all mechanical equipment, including vents, not installed, maintained or used in conformance with the Redding Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous mechanical equipment shall not include mechanical equipment that conformed with all applicable laws in effect at the time of installation and that has been adequately maintained in a good and safe condition and is being used in a safe manner.

G. Faulty Weather Protection. Faulty weather protection, which shall include, but not be limited to, the following:

1. Deteriorated, crumbling or loose plaster;

2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;

3. Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering;

4. Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

H. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the building official or fire chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause, shall be deemed to be a fire hazard.

I. Faulty Materials of Construction. Faulty materials of construction shall include all materials of construction except those that are specifically allowed or approved by Redding Municipal Code, the California Building Code, and any other code adopted by the city, and that have been adequately maintained in good and safe condition.

J. Hazardous or Unsanitary Properties. Hazardous or unsanitary properties shall include those properties on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions that, in the opinion of city officials or the health officer, constitute fire, health or safety hazards.

K. Unsafe Building. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Redding Municipal Code, the California Building Code, the California Fire Code or any other code adopted by the city.

L. Inadequate Exits.

1. Inadequate exits includes all buildings or portions thereof not provided with adequate exit facilities as required by the Redding Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law, or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

2. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.

M. Inadequate Fire-Protection or Fire-Fighting Equipment. Inadequate fire-protection or fire-fighting equipment includes all buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Redding Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate fire-protection or fire-fighting equipment shall not include those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained in good and safe condition and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

N. Improper Occupancy. Improper occupancy includes all buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for such occupancies.

O. Inadequate Structural Resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Redding Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building that conformed with all applicable laws at the time of its construction and that has been adequately maintained in a good and safe condition and is being used in a safe manner.

(Ord. 2356 § 3 (part), 2005)

It is declared a public nuisance for any person owning, leasing, subleasing, occupying, or having charge or possession of any property in this city to maintain such property in such a manner that any one or more of the following conditions or activities are found to exist.

A. The keeping, storage, depositing, or accumulation on the property of any personal property that is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby property or property values. For purposes of this section, "personal property" includes, but is not limited to, junk as defined in Section 1.15.020 of this chapter; abandoned, wrecked or dismantled automobiles; abandoned, wrecked, dismantled, or not seaworthy boats or vessels; automotive parts and equipment; appliances; furniture; containers; packing materials; scrap metal; wood; building materials; rubbish and debris. Wood and building materials being used or to be used for a project of repair or renovation for which an active building permit is in existence may be stored for such period of time as is necessary to expeditiously complete the project. Upon finalization, expiration or cancellation of the permit, the wood and building materials of any nature for the project must be immediately removed.

B. The keeping, storage, depositing or accumulation on the property of any dead grass, weeds, brush, combustible materials, or rubbish of any kind in such a manner as to constitute a fire hazard, or any manure, dead animals, decayed vegetables, offal, or other similar matter that is in the view of persons on adjacent or nearby real property or the public right-of-way when such items constitutes visual blight, a danger to the health, safety or welfare of the public, reduces the aesthetic appearance of the neighborhood, or is offensive to the senses or is detrimental to nearby property or property values.

C. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials that constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.

D. The operation of a junk yard or automobile dismantling yard, except in an industrial zone pursuant to a use permit.

E. Any dangerous, unsightly or blighted condition that is detrimental to the health, safety or welfare of the public.

F. Any condition in violation of Title 7 (Animals) of the Redding Municipal Code.

G. Any condition in violation of Title 9 (Health and Safety) of the Redding Municipal Code or in violation of the California Fire Code.

H. Any condition in violation of Title 16 (Building and Construction) of the Redding Municipal Code.

I. Faulty Materials of Construction. Faulty materials of construction shall include all materials of construction except those that are specifically allowed or approved by Redding Municipal Code, the California Building Code, and any other code adopted by the city, and that have been adequately maintained in good and safe condition.

J. Hazardous or Unsanitary Properties. Hazardous or unsanitary properties shall include those properties on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions that, in the opinion of city officials or the health officer, constitute fire, health or safety hazards.

K. Unsafe Building. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Redding Municipal Code, the California Building Code, the California Fire Code or any other code adopted by the city.

L. Inadequate Exits.

1. Inadequate exits includes all buildings or portions thereof not provided with adequate exit facilities as required by the Redding Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law, or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

2. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.

M. Inadequate Fire-Protection or Fire-Fighting Equipment. Inadequate fire-protection or fire-fighting equipment includes all buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Redding Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate fire-protection or fire-fighting equipment shall not include those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained in good and safe condition and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

N. Improper Occupancy. Improper occupancy includes all buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for such occupancies.

O. Inadequate Structural Resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Redding Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building that conformed with all applicable laws at the time of its construction and that has been adequately maintained in a good and safe condition and is being used in a safe manner.

(Ord. 2356 § 3 (part), 2005)

(Ord. No. 2576, § 1, 10-17-2017)

Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purposes of this chapter:

A. Abandoned Building or Structure.

1. A building or structure that is not being inhabited, occupied or used, and is unsecured. For purposes of this section, a building or structure is unsecured when the public can gain unimpeded or undeterred entry without the consent of the owner.

2. A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned.

B. Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.

C. A Building or Structure that is in a State of Disrepair.

1. Exterior wall and/or roof coverings that have become deteriorated and do not provide adequate weather protection.

2. Broken or missing windows or doors that constitute a hazardous condition or a potential attraction to trespassers.

3. Building exteriors, walls, fences, and retaining walls that are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety; and driveways or walkways that are broken, deteriorated, or substantially defaced to the extent that the disrepair presents an endangerment to public safety. For purposes of this subsection, defacing includes, without limitation, writings, inscriptions, figures, scratches or other markings commonly referred to as "graffiti."

4. Building exteriors, walls, fences, or retaining walls on which any painted surface is peeling, disintegrating, or sloughing-off to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.

D. Property Inadequately Maintained.

1. Overgrown, diseased, dead or decayed trees, weeds, or other vegetation that:

a. Constitute a fire hazard or a condition considered dangerous to the public health, safety and general welfare;

b. Are likely to harbor rats, vermin, and other nuisances; or

c. Detract from the property values of neighboring properties.

2. Landscaping that is not installed or maintained as required by this code or any permit issued pursuant to this code.

3. Solid waste, which by reason of its location and character either detrimentally impacts the surrounding neighborhood or community, or which is allowed or permitted to be transported by wind or otherwise onto or upon a public street, alley, or sidewalk. For purposes of this subsection, solid waste means all putrescible and nonputrescible solid and semisolid waste material including without limitation garbage, rubbish, demolition and construction wastes, industrial wastes, vegetable and animal solid and semisolid wastes, reusable or recyclable material, bulky goods, and other discarded solid and semisolid wastes.

4. Substantial accumulation of dirt, litter, or debris in vestibules or doorways of residential, commercial or industrial buildings.

5. Any swimming pool, pond, or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted water. For purposes of this subsection, "polluted water" means water which contains bacterial growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or material or deleterious substance which, because of its nature or location, constitutes an unhealthy or unsafe condition or water which is defined as "polluted water" or other similar term under state or federal law.

E. Property that Creates a Dangerous Condition.

1. Land having a topography, geology or configuration which, as a result of grading operations or improvements to such land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems so as to pose a threat to or be injurious to adjacent properties.

2. Any condition or object maintained on private property that obscures the visibility to the public of public streets or public street intersections to such a degree as to constitute a hazard. Such conditions include without limitation vehicles, landscaping, fencing and signs.

3. Conditions that due to their accessibility to the public may prove hazardous or dangerous, including without limitation:

a. Unused and broken equipment;

b. Abandoned wells, shafts or basements;

c. Hazardous or unprotected pools, ponds, or excavations with barriers and/or fences that are dilapidated and unsafe;

d. Structurally unsound fences, walls or structures;

e. Machinery that is inadequately secured or protected;

f. Lumber, trash, fences, solid waste or debris that may prove a hazard for the public. For purposes of this subsection, solid waste is defined as set forth in subsection (D)(3) of this section;

g. Storing or keeping chemicals, gasoline, motor oil, or other substances that may prove a hazard to the public.

F. Signage Conditions.

1. Signs that have not been maintained or are in a state of disrepair for a period of more than thirty days, including without limitation, broken signs, signs with missing parts, panels, letters or light bulbs, signs with exposed wiring, or signs out of plumb.

2. Signs that are unsafe, dangerous to the public, or a hazard to traffic.

3. Illegal signs as defined in Section 18.61.020 of this code.

4. Abandoned signs as defined in Section 18.61.020 of this code.

5. Sniping as defined in Section 18.61.020 of this code.

6. Defaced Signs. For purposes of this subsection, defacing includes without limitation, unauthorized, unrelated or offensive writing, inscriptions, figures, scratches, or other markings commonly known as graffiti.

G. Parking, Storing, or Maintaining of the Following Items in Areas Zoned for Residential Uses or Zoned Unclassified and Designated by the Redding General Plan as Residential:

1. Any airplane or other aircraft, or any parts thereof, in the front yard. Airplane or other aircraft, or any parts thereof, may be stored in the side or back yards if such items are concealed by a fence.

2. Any construction equipment, machinery, vehicles or material except as follows:

a. Such items may be temporarily kept within or upon the property for and during the time such equipment, machinery, or materials are required for the construction or installation of improvements or facilities on the property for which all required permits have been obtained and are valid.

b. Such items may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery or other similar means.

3. Any commercial equipment, machinery, vehicles, or material not authorized by a valid city permit when such items constitute visual blight, reduce the aesthetic appearance of the neighborhood, or are detrimental to nearby property or property values. Commercial equipment, machinery, vehicles, or material not otherwise authorized by a valid city permit may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are screened by a fence, shrubbery, or other similar means.

4. Special mobile equipment as defined in Section 575 of the Vehicle Code or a utility trailer or boat and/or boat trailer for a period of time in excess of seventy-two consecutive hours in front yard areas or in side yard or rear yard areas not screened by a fence, shrubbery or similar means.

a. Any parking, keeping or storing of such items in the side yard or rear yard area shall be either in an accessory building constructed, located, and used in accordance with the provisions of this code or in an area concealed by a fence, shrubbery, or other similar means. In addition, one thousand five hundred square feet, or at least sixty percent of the remaining rear yard area, whichever is less, must be maintained as usable outdoor recreational space.

b. No such item shall be parked, stored or kept within five feet of any required exit, including exit windows.

c. For purposes of this subsection, an item is unlawfully parked, kept or stored in any area for a period of time in excess of seventy-two consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two consecutive hours, or the item has been parked, kept or stored during the intervening period of time upon any public street.

5. Any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any other household equipment, machinery, furniture, appliance or appliances, or any parts of any of the listed items, for a period of time in excess of seventy-two consecutive hours. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two consecutive hours, or the item has been parked, kept or stored during the intervening period of time upon any public street. This subsection does not prohibit the following:

a. Machinery installed in the rear setback areas for household or recreational use.

b. Furniture designed and used for outdoor activities.

c. Any item stored or kept within an enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.

6. Storing or keeping packing boxes, lumber, dirt, solid waste, and other debris, except as allowed by this code for the purposes of construction, in any areas visible from public property or neighboring properties for a period of time in excess of seventy-two consecutive hours. For purposes of this subsection, solid waste is defined as set forth in subsection (D)(3) of this section. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two consecutive hours, or the item has been kept or stored during the intervening period of time upon any public street.

H. Permit Requirement. Any use which does not have all permits pursuant to Title 18 of this code or where such permits have lapsed or been revoked or where such use is not in compliance with such permits.

I. General Conditions.

1. Any condition that is detrimental to the public health, safety or general welfare, or that constitutes a nuisance under any other city ordinance, state law or common law;

2. Any condition of deterioration or disrepair that has a substantial impact on neighboring properties.

J. Exceptions. This chapter shall not prohibit the following:

1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

2. A vehicle or part thereof that is stored or parked in a lawful manner on private property on which is conducted the business of a licensed dismantler, licensed vehicle dealer, or a junkyard which is a legal nonconforming use. This exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.

(Ord. 2356 § 3 (part), 2005)

A. No owner, agent, manager, lessee, sublessee, or occupant shall maintain a property in any of the conditions described in Sections 1.15.080, 1.15.090, 1.15.140, 1.15.150, or 1.15.160 of this chapter, or shall cause or permit the property to become or remain in such a condition.

B. Any person violating the provisions of Sections 1.15.080, 1.15.090, 1.15.140, 1.15.150 or 1.15.160 of this chapter shall be guilty of a misdemeanor for each day such violation continues. In addition, the city attorney may seek civil penalties in an amount not to exceed one thousand dollars per violation in any civil action brought to enforce any provision of this chapter.

(Ord. 2356 § 3 (part), 2005)

(Ord. No. 2539, § 2, 12-1-2015; Ord. No. 2545, § 2, 5-3-2016)

A. Whenever an enforcement officer has inspected or caused to be inspected any building, structure, or property and has found and determined that such building or structure is a "substandard building," that such property is a "public nuisance," or that such property contains "blighted conditions," as these terms are defined in this chapter, he or she may commence an administrative proceeding to abate the building, nuisance or condition.

B. Administrative proceedings to abate a substandard building, public nuisance, or blighted condition shall be governed by the provisions of Chapter 1.14 of this title. To commence such action, an enforcement officer shall issue a compliance order. In addition to the information required by Section 1.14.100 of this title, the compliance order shall contain a statement that the enforcement officer has found: (1) the building to be substandard, with a description of the conditions found to render the building substandard, and/or (2) that the property constitutes a public nuisance with a description of the conditions that constitute the public nuisance, and/or (3) that the property contains a blighted condition with a description of such conditions.

(Ord. 2356 § 3 (part), 2005)