Reedley Municipal Code Ch. 4 Property Maintenance Standards

In accordance with the provisions of California Government Code section 38773.5, it is the intent of the city council, by the adoption of this chapter, to provide property maintenance standards, and to establish a procedure for abatement in order to preserve livable and reasonably attractive neighborhoods while effectively addressing and preventing hazards to the public health, safety and welfare.

These provisions shall apply to every building or structure and its accessory structures, as well as any and all adjoining grounds, areas or other premises of property (developed or undeveloped) in the city. In all situations where a provision of this chapter conflicts with other building, health, safety or zoning regulations, the more restrictive standard shall prevail. (Ord. 2024-003, 8-13-2024)

The following words, terms and phrases, when used in this chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

ALTERATION: Any change in size, shape, character, occupancy or use of a building or structure.

APPROVED: Authorized as provided by law.

BLEMISH: A noticeable imperfection that impairs appearance.

BLIGHTING INFLUENCE: Any physical condition of building or property, which directly or indirectly causes a reduction in the value of surrounding property.

BRUSH: Any dense growth or bushes, shrubs or weeds, or any accumulation of, but not limited to: grass clippings, hedge and tree trimmings, palm fronds, leaves, and other such similar debris.

DEFICIENCY: A condition of deterioration that is not in violation of this chapter; however, such condition can be expected to become a violation within a short period of time.

DETERIORATION: The condition or appearance of any structure or grounds, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.

DILAPIDATED: A condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition.

DWELLING: A building or portion thereof, designed exclusively for residential purposes, including one-family and multiple-family dwellings; including mobile homes; but not including hotels, apartment hotels, boarding and rooming houses, fraternity and sorority houses, rest homes, convalescent homes and nursing homes or childcare nurseries.

ELECTRICAL: All work, materials and/or system of electrical wiring for use of light, heat or power, and all appurtenances, apparatus or equipment used in connection therewith, inside of or attached to any building or structure, lot or premises.

ENFORCEMENT OFFICER: Any person authorized by the city manager to enforce any violation of this code.

FIRE HAZARD: Any condition or any act which violates the applicable state or city fire codes.

GARBAGE: The vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food; and wastepaper, plastic or related materials used in the packaging and preparation of foods and/or animal waste.

GOOD STATE OF REPAIR: That a building, structure or parcel of land is safe and habitable for its ordinary and intended use, and that the materials used in any structure or fixture are sound, stable and conform to its original purpose and performing the function for which intended and not in need of maintenance.

GRAFFITI IMPLEMENT: Any felt tip marker, etching material, paint stick, or aerosol container which contains paint, ink, dye, or any other substance that is not water soluble and is capable of resulting in the placement of graffiti upon any surface or substance, including, but not limited to, glass, metal, concrete, wood, or plastic.

GRAFFITI OR INSCRIBED MATERIAL: Any inscription, word(s), figure(s), mark(s), or design(s) whether written, marked, etched, scratched, drawn, or painted on any real or personal public or private property in the city without the permission of the owner and which is visible from a public right of way or any neighboring property.

HOARDING OR HOARDING CONDITIONS: The excessive collection of items, along with the inability to discard them. Hoarding often creates such cramped conditions that homes or yards may be filled to capacity, with only narrow pathways winding through stacks of clutter. Hoarding also includes the hoarding of animals, often resulting in dozens or hundreds of pets kept in unsanitary conditions.

INOPERABLE VEHICLE: A vehicle that is mechanically incapable of being driven; or prohibited from being operated on a public street or highway pursuant to the provisions of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters.

NUISANCE: Anything that violates the standards provided herein, or any other city, county, state or federal law.

OCCUPANT: Any person living, sleeping or having actual possession of a dwelling.

OPERATOR: Any person who has charge, care or control of a building, structure or parcel of land, or part thereof.

OWNER: The person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the county, renter(s), tenant(s), lessor(s), and other occupants residing permanently or temporarily on property, or the registered owner of a vehicle.

PERSON: Individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other entity.

PREMISES: Any building, legal lot of record, parcel, real estate, or portion of land, whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, parkways, and parking strips.

PROPERTY: Any real property, including, but not limited to, land, lot, or parcel of land, or any portion thereof held by any owner, and shall include any alley, sidewalk, parkway, or unimproved public easement abutting such real property, lot, or parcel of land.

PUBLIC PROPERTY: Land, buildings, structures, or fixtures that are owned by a public agency. For the purposes of this chapter, public property does not include streets.

RECREATIONAL VEHICLE: Any travel trailer, camper, motor home, or trailer (as defined in Vehicle Code sections 242, 243, and 630, respectively), or any camper shell or boat.

RESIDENTIAL USE: Any property zoned for residential use as provided for in this title. Sidewalks, parkways, public or private alleyways, and streets adjacent to residential property shall be considered a residential area for purposes of this chapter.

RESIDENTIALLY DEVELOPED PROPERTY: Any property developed with a conforming dwelling unit or legal nonconforming dwelling unit.

RUBBISH: All waste which includes, but is not limited to:

A. Animal or human offal, asphalt, inoperative bicycles and parts, boards, inoperative boats and parts, bottles, boxes, bricks, cans, cartons, cement, cinder blocks, concrete, containers, crates, dirt, doors, equipment, glass, gravel, hoses, lumber, machinery, metal, paint, pallets, paper, pipe, plaster, rebar, rocks, rubber, sand, siding boards, stucco, tile, windows, wire, wood, and other similar material.

B. Trimmings, clippings and cuttings from lawns, shrubs and trees, and all dead or uprooted grass, sod, shrubs, trees, vegetables and dirt, and firewood piles.

C. Rugs, bedding, furniture, utensils, clothing, toys, appliances, household supplies and equipment.

D. Vehicle bodies, motors, tires, parts nonoperative toys, bicycles, motorcycles, automobiles, mechanical equipment, liquids and other fluids, and machines or parts thereof and accessories.

E. Any other similar item and material of residential, commercial or industrial nature existing in an unusable, inoperative, discarded or abandoned condition.

STRUCTURALLY SOUND: Free of imperfections which affect the intended use of the structure so as not to endanger the health, safety and welfare of the inhabitants or neighbors.

STRUCTURE: Anything constructed, built, or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts, and similar recreation areas.

SUPPLIED: Paid for, furnished or provided by or under control of the owner or operator.

SWALE: All unpaved portions of right of way located between the edge of pavement and the property line or an easement located on property adjacent to the right of way line.

TRASH: All small discarded materials from around a premises that can be deposited in an approved trash receptacle for collection and can be burned or otherwise properly handled at an incinerator.

VERMIN: All common harmful or objectionable animals or insects that are difficult to control. (Ord. 2024-003, 8-13-2024)

All developed real property in the city shall be maintained at a level not less than the following standards visible from the street, sidewalk, or public right of way.

A. Exterior Maintenance Of Structure And Premises:

1. The accumulation of weeds, dirt, litter, rubbish or debris on the property to such an extent that it constitutes visual blight is prohibited.

2. All exterior surfaces of buildings or sheds, excluding roofs, shall be properly maintained and protected from the elements by paint or other protective coating applied in a workmanlike fashion.

3. Painted or protective coatings shall be uniform in color without blemishes throughout the exterior.

4. Every foundation, exterior wall, window, roof and all other exterior surfaces shall be free of holes, cracks, breaks, loose or rotted wood and any condition which might allow rain or moisture, vermin, pests or insects to enter the interior portions of the walls or to the occupied spaces of any dwelling, commercial building or structure.

B. Condition Of Structures:

1. Structures shall not be partially destroyed, abandoned, unsecured, or permitted to remain in an unchanged state of partial construction for more than thirty (30) consecutive days.

2. Buildings, windows, doors, walls, fences, trash enclosures, parking areas or other structures, which are significantly cracked or broken, fallen, decayed, dry rotted, warped, deteriorated, defective, defaced, in disrepair or missing components, or which either:

a. Threaten structural integrity; or

b. Result in a dilapidated, decaying, disfigured, or partially ruined appearance to such an extent that they contribute to blight or threaten the public health, safety or welfare are prohibited.

3. Exterior building surfaces and roofs shall be maintained free of significant surface cracks, missing materials, warping, dry rot which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance.

4. Roofs shall be structurally sound, watertight and shall prevent rainwater or moisture from entering the walls, ceilings or any other portion of the dwelling, commercial building or structure. All building roofs and gutters shall be maintained in good repair and in good condition to prevent deterioration. In the event a roof shingle or tile is replaced, the replacement shingle or tile shall be of the closest possible color and shade to the existing roofing shingles or tiles.

C. Use Of Tarps: Tarps for roof and building repairs shall be prohibited, except for emergency repairs. Additionally, the use of tarps for temporary canopies, enclosures, and/or awnings is prohibited in any front yard area visible from any public right of way.

D. Graffiti: Graffiti abatement shall be pursuant to title 5, chapter 12 of this code.

E. Lighting: All exterior light fixtures shall be maintained in good working order free of broken lamps, lenses, and light bulbs. Furthermore, the structural integrity of all supporting poles and mounting fixtures shall be maintained. All insulation and connections shall be intact and free of exposed wire.

F. Windows: Broken windows, glass doors, and the use of materials other than glass as a replacement or covering of windowpanes are prohibited.

1. Screening: All window and glass door screens shall be maintained free of substantial tears, rips, and holes visible from any public right of way.

G. Signs: All signage shall be maintained in the originally permitted and constructed condition as required by chapter 14, "Signs And Outdoor Advertising", of this title.

H. Walls And Fences:

1. Fences, exterior walls, exterior doors, exterior windows, decorative walls, perimeter hedges, trellis, and screen enclosures shall be maintained in a good state of repair.

2. Any fencing required as a condition of any permit or development approval or included in the project plans or application, as approved by the city, including, but not limited to, those fences, which abut major thoroughfares, sound walls, or those fences required by a use permit, shall be maintained in a good state of repair.

3. Any required fence must be maintained consistent with and/or reasonably match the materials to be replaced or which were used when the fence was originally constructed.

4. Improperly fenced, unsanitary or otherwise hazardous pools, ponds and excavations shall be repaired or removed in a reasonable manner and time period to ensure public health.

5. Fences which are leaning or listing more than fifteen degrees (15°) from perpendicular or are in danger of collapse due to the elements, pest infestation, dry rot, lack of maintenance or other damage, shall be repaired or replaced in a reasonable manner and time period to protect the public health and safety.

6. All walls, retaining and crib walls, and fences abutting public rights of way (including alleys), and trash enclosures, shall be maintained free of significant surface cracks, dry rot, warping, deterioration, leaning, missing panels or blocks, which either threaten the structural integrity or result in a dilapidated, decaying, disfigured, or partially ruined appearance.

7. Pool barrier fencing and gates for swimming pools and spas shall be maintained as required by the California building code. Swimming pools and spas shall not contain unfiltered or stagnant water.

I. Trash Container Areas:

1. Trash bins, trash cans or dumpsters shall be kept within a trash enclosure, or screened from public view to the maximum extent feasible. Trash bins shall also be maintained free of graffiti.

2. Overflowing trash bins or dumpsters due to an inadequate number of bins and/or request for service from the trash hauler are prohibited. Use of commercial trash bins for residential uses in the one-family residential zone district is prohibited, except for the purpose of removing construction and demolition materials related to construction activities.

3. All trash container areas shall be maintained in a manner which prevents the accumulation of trash, debris, rubbish and litter by providing sufficient dumpsters and sufficient frequency of trash pick-ups. In the case of single-family residences, trash containers shall be set out no earlier than four o'clock (4:00) P.M. the day before the designated pick up and left out no longer than eight o'clock (8:00) P.M. the designated day of pick-up.

4. All new dumpsters, existing dumpsters, and other containers shall be constructed and shall be located and maintained in such a manner to provide screening from public view.

5. Trash containers in commercial areas shall be maintained and operated in such a manner as to not impede traffic due to the doors being allowed to swing open for an extended period of time.

J. Accumulation Of Stagnant Water:

1. No person owning, operating or having possession of any property within the city shall allow the accumulation of stagnant water in excess of two inches (2") for a period of twenty-four (24) or more hours following the cessation of the most recent measurable rainfall.

2. On site drainage improvements shall be maintained in order to prevent deterioration, disrepair, and ineffectiveness.

3. Roofs or other structures or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of said roof, structure or improvement or other applicable requirements.

K. Parking And Paved Areas:

1. All parking and paved areas shall be maintained in a good state of repair, which shall include proper drainage to prevent the accumulation of pools of water, and the correction and removal of all ruts, potholes, and broken pavement. In parking areas, the parking spaces shall be maintained in a manner, which clearly delineates said spaces and shall include maintenance of parking space striping, directional markings, stop bars, or other indicators. Wheel stops, curbing and any other paved surfaces shall be free of breaks, cracks and other deficiencies.

2. This section shall apply to all paved area, including, but not limited to, parking areas and ingress or egress driveways. Additionally, a building permit shall be required for all resurfacing, resealing, restriping, replacement of commercial parking areas.

3. The parking of vehicles on lawns, vegetation, dirt, or any other surfaces which are not paved and graded to support, eliminate dust or any mud, and drained as to dispose of all surface water, is not allowable.

4. Parking areas, private alleys, driveways, public sidewalks, and walkways shall be maintained free of potholes, cracks, breaks, lifting, and other deteriorated conditions.

L. Landscaping:

1. Parkway Landscaping: The public parkway shall be landscaped and maintained by the adjacent property owner(s). The landscaping shall be maintained in a healthy condition free of dying, dead, diseased, decayed, discarded and/or overgrown vegetation.

2. Prohibited Materials: Rubbish, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash and debris shall not be permitted on any premises. This subsection shall not apply to garbage, trash and debris, placed in approved receptacles for appropriate collection and removal.

3. Hazardous Materials: Dead and/or dying trees and limbs or other natural growth, which constitute a fire hazard, or health or safety hazard to persons or property, are prohibited, and shall be removed and replaced.

4. Ground Surface Hazards: Ground surface hazards such as holes, excavations, breaks, projections, obstructions and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other portions of the premises are prohibited, and shall be reasonably repaired or removed.

M. Landscaping Maintenance Requirements:

1. Owner Responsible For Maintenance: The owner shall be responsible for the maintenance of all landscaping on the premises. This includes maintaining abutting rights of way, swales, and canal banks. Landscaping shall be maintained in a good condition to present a healthy, neat and orderly appearance so as not to detract from the appearance of the general area. Landscaping shall be maintained such that it will not cause property damage and public safety hazards, including removal of living, dead or decaying plant material, removal of low hanging branches below twelve feet (12') above grade and those obstructing street lighting.

2. Maintenance Of Irrigation Systems: Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system and shall not be installed or operated to place water on roads.

N. Maintenance Of Swales (Bioretention):

1. Maintenance Responsibility: It shall be the responsibility of the property owner to maintain the swale area to the following minimum standards:

a. Free of debris; and

b. Grass and/or weeds cut no higher than six inches (6") and edged away from the sidewalk and roadway; and

2. Shrubs And Bushes: Shrubs and bushes shall be kept trimmed to a height not to exceed four feet (4'), or as otherwise necessary to provide unrestricted visibility at driveways and street intersections; and

3. Overhanging Branches: Overhanging branches of trees shall be pruned to a height of at least twelve feet (12') above grade; and

4. Prohibited Species: The swale shall be kept free and clear of prohibited species, as set forth in low impact development standards (resolution 2016-008, adopted January 26, 2016).

O. Maintenance Of Canal Rights Of Way Or Easements: No owner or any person in their employ or under their control shall deposit any rubbish, filth, construction debris, litter, garbage, grass cuttings, or poisonous or deleterious substance, or substances liable to affect the health, safety and welfare of persons or fish, in any ponding basin, canal, ditch, or other waterways within the city.

P. Determination Of Need For Correction: Structures and premises constituting a blighting influence will be considered deficient. A blighting influence on the surrounding neighborhood in violation of this chapter shall exist when a deficiency or combination of deficiencies represents more than twenty-five percent (25%) of the area on any wall, exterior premises, structure, roof or paved surface as viewed from any single vantage point off the property.

Q. Repair And Installation: Repairs and installation shall be made to comply with the applicable codes and standards of the City of Reedley and the California Uniform Building Code, the provisions contained herein and/or a city approved site plan. All work shall proceed in a timely fashion and be done in a workmanlike manner. (Ord. 2024-003, 8-13-2024)

A. Property Secured And Maintained: All undeveloped, fallow or vacant real property in the city shall be secured and maintained at a level not less than the following standards during the time period that such property remains vacant:

1. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti.

2. All landscaped, concrete, dirt or paved open areas on the real property and adjoining public parkway shall be kept clear of rubbish, litter, and weeds.

3. Unless required to protect public health and safety, the installation of temporary fencing is not mandated. No temporary fence shall be installed without obtaining a city permit through the community development department, which shall review the fence location and proposed material(s). Chainlink fencing shall only be used in conjunction with an opaque screening material.

4. The responsible person or entity shall maintain the fence in good repair and condition. If the fence is not maintained properly, the enforcement officer may order its removal and replacement. The fence may be properly posted with "no trespassing" signs, and the fence shall be kept clear of all other signs, except lawfully installed signs.

B. Boarded Up Structures:

1. The city recognizes that from time to time it may be necessary to secure vacant property and structures because of abandonment, disrepair, public hazard or natural disaster. Unsecured vacant property and structures can lead to vandalism problems, occupancy safety problems and appearance problems. The city hereby creates the following standards for securing vacant structures:

a. Vacant Structures Secured: Vacant structures may be secured via boarding up windows, doors, or other openings when deemed necessary by or otherwise approved by the fire chief, enforcement officer, building official, or in order to maintain the safety of persons or property. All boards visible from the structure's exterior shall be painted to reasonably match the structure's exterior.

b. Enforcement Officer Review: Any means of securing property including crime prevention devices shall be subject to review by the enforcement officer for safety. Safety bars, grating, or other similar apparatus shall be designed and installed pursuant to the California building code.

c. Repairs: The owner or occupant of an occupied structure shall promptly repair any broken door or window so that a temporary boarded up condition is limited. Any such repair, other than in the case of a natural disaster, shall be made within ten (10) days, unless the necessary repairs cannot be performed within ten (10) days, in which case the repairs shall be diligently pursued until completion at the earliest reasonable time.

d. Security Lighting: All structures which could be used for human habitation shall have an operable and effective exterior security lighting system. The front and rear yards shall each be illuminated with a minimum of one light. The lighting shall be capable of illuminating the structure's exterior so as to be visible from the street or alley from dusk to dawn, but the lights shall be shielded to avoid lighting adjacent properties. (Ord. 2024-003, 8-13-2024)

Portable storage containers, such as PODS or larger shipping containers are becoming more popular as a low cost means of providing additional secure storage during construction or remodeling in lieu of permanent accessory structure or off site fee based storage. To protect the residential character of the neighborhood, placement of any portable storage unit is subject to the following restrictions:

A. It is unlawful for any person to place or permit the placement of a portable storage unit(s) on property with a residential zone district classification, unless the placement complies with this section.

1. Portable storage unit(s) shall be placed on the driveway or a parking area, or the side or rear yard if vehicular access exists at the side or rear of the site. The required parking space(s) shall at all times be maintained if a portable storage unit(s) is placed in parking areas.

2. No more than two (2) portable storage units may be placed on the property at any time.

3. The portable storage unit(s) may be located at such property for a maximum of fourteen (14) consecutive days, including the days of delivery and removal. The limited purpose is the portable storage of furniture, clothing or other household belongings, coming from or to a structure on the property.

4. The date that the portable storage unit(s) is delivered must be clearly posted, in a weather resistant manner, on the exterior of the unit.

5. The ancillary placement of a portable storage unit(s) to a construction/rehabilitation project shall require a building permit from the community development department, building division. The fee for such a permit shall be set from time to time by city resolution, and shall be payable upon issuance of the permit. The permit shall be valid for up to one hundred eighty (180) days from issuance.

a. A permit may be renewed for another one hundred eighty (180) day period upon payment of any applicable fee.

b. No portable storage unit(s) shall be located on property beyond the time permitted.

6. The property owner and owner/supplier of the portable storage unit shall each be independently responsible for ensuring that the portable storage unit(s) is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.

7. No portable storage unit(s) shall be used to store solid waste, construction debris, demolition debris or any illegal or hazardous material. Upon reasonable notice to the property owner, the city may inspect the contents of any portable storage unit(s) at any reasonable time to ensure that it is not being used to store said materials.

8. No portable storage unit(s) may be used to house humans or animals of any kind.

9. Placement of a portable storage unit in the city's right of way or upon any public street is prohibited.

B. Portable storage unit(s) are allowed in the industrial zone districts, provided that the unit(s) be placed out of public view and/or screened from public view.

1. Placement of a portable storage unit(s) for permanent or semipermanent use shall require a building permit and shall have an engineered foundation and meet all other applicable codes and standards for placement on the property.

2. Portable storage unit(s) are prohibited on industrially zoned property on which the primary use is a nonconforming residential use unless a permit is obtained in accordance with subsection A.5. of this section.

C. Portable storage unit(s) are allowed in the service commercial and central business zone districts, subject to the following conditions:

1. Any units are screened with sight obscuring fencing or landscaping approved by the community development department.

2. A permit is obtained from the community development department, building division, in accordance with subsection A.5. of this section.

3. Any units shall only be used as a shipping container and applicable licenses shall be maintained for each container. The city may require proof of active licenses.

4. No unit(s) may be permanently installed.

5. Portable storage unit(s) are prohibited on service commercial zoned property or central business zoned property on which the primary use is a nonconforming residential use unless a permit is obtained in accordance with subsection A.5. of this section. (Ord. 2024-003, 8-13-2024)

A. Abandoned Vehicles Prohibited: It is unlawful for any person to keep, maintain, or deposit on any property in the city any abandoned motor vehicle or any inoperative vehicle as defined in the California Vehicle Code, or any part thereof, unless such vehicle or part is completely enclosed within a structure in a lawful manner or is not visible from the street or from other public or private property, or unless such vehicle or part is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junkyard.

B. Vehicles, Including Motor Homes, Trailers, And Boats: No vehicle, including a recreational vehicle, motor home, camper, camper shell, boat, or trailer, shall be parked or stored outside of a garage or carport on an unpaved or unimproved surface on any property in the city.

C. Vehicle Parts: The keeping, storage, depositing, or accumulation on the premises of motor vehicle part(s) or scrap, including tires, which is visible at ground level from a public street, alley or from adjoining property is prohibited, except personal use items allowed by city review or permit in appropriate commercial or industrial zones. (Ord. 2024-003, 8-13-2024)

A. The owner, occupant, lessee, or tenant of any property within the city shall be responsible for the maintenance of property and premises in a manner consistent with the provisions of this chapter and this code.

B. In order to enforce the provisions of this chapter, when the city manager or his/her duly authorized agents and representatives find and determine that the severity of the violation warrants immediate action, he/she may clean up or abate violation thereof. The cost of such cleanup or abatement may be recovered by the city using any legal remedies available to the city. Such cleanup or abatement shall not relieve the person of responsibility for the abatement costs or other action which may be taken by the city manager or his/her duly authorized agents and representatives, including, but not limited to, liability for any violations of this chapter or any other applicable provisions of state law and local ordinances. (Ord. 2024-003, 8-13-2024)

A. Procedure To Issue Citations: The city of Reedley shall have jurisdiction to issue citations in which violations of this chapter are alleged. In the city's effort to safeguard life, health, and public welfare in keeping with the character of the city, the city shall remedy such allegations using the procedures set forth in Title 1, Chapter 12, "Administrative Citations", of this code. These remedies include the procedures for issuance of administrative citations (Sections 1-12-4 et seq., of this code) and fines assessed (Sections 1-12-8 et seq., of this code). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any public nuisance.

B. Right Of Entry: The enforcement officer may enter any property or premises at all times to perform any duty imposed upon him/her by this chapter whenever the enforcement officer has cause to believe a violation of provisions of this chapter is occurring, provided that:

1. The enforcement officer shall present proper credentials, state the reason for entry, and request entry from the owner or occupant.

2. If entry is denied, he/she may seek a court ordered inspection warrant if cause exists pursuant to the Code Of Civil Procedure, §§ 1822.50 et seq.

3. If entry is denied, the enforcement officer shall have recourse to every remedy provided by law to secure entry.

4. The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry, and request entry.

5. The enforcement officer shall not enter any property or premises in the absence of permission to enter, unless an inspection warrant has been issued by a court of competent jurisdiction. (Ord. 2024-003, 8-13-2024)

The provisions of this chapter shall in no way adversely affect the right of the owner, lessee or occupant of any such lot to recover all costs and expenses required by this chapter from any person causing such nuisance or failure to maintain private property. (Ord. 2024-003, 8-13-2024)

Nothing in this chapter shall be deemed to prevent the city council from directing 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 in this chapter, or initiating summary abatement of any nuisance as follows:

A. The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the city manager or his/her designee. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.

B. The owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance shall be subject to any abatement costs, enforcement costs, administrative fines and penalties imposed or incurred by the city pursuant to this chapter. In any action or proceeding in which the City elects, at the initiation of that individual action or proceeding, to recover attorneys' fees under this Section, attorneys' fees will be recovered by the prevailing party.

C. Any abatement actions performed by the city pursuant to this Chapter shall be at the expense of the owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the procedures contained in Section 4-2-13 of this code, or any other applicable provision of the law.

D. As soon as practicable following completion of the abatement, the fire chief or other designated city official shall issue a notice of violation and/or notice and order in accordance with this chapter. Persons receiving such notice shall be entitled to all hearing rights as provided herein. (Ord. 2024-003, 8-13-2024)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 2024-003, 8-13-2024)