8.10 — NUISANCES

The provisions of this chapter shall apply to all property throughout the City of Rio Dell wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any other City, State or Federal law, shall not be deemed to violate this chapter. (Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

For the purposes of this chapter, the following words shall have the specified meanings:

• (1) Blight. For purposes of this code, visual blight is any unreasonable, nonpermitted or unlawful condition or use of real property, premises or building exteriors which by reason of its appearance as viewed from the public right-of-way is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, graffiti and the keeping, storing, depositing, scattering over or accumulation on the premises of any of the following:

  • (a) Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials, and the growth of tall grass and weeds.

  • (b) Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment.

  • (c) Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this article, "active state of renovation or restoration" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed 90 days, whether consecutive or nonconsecutive, out of any 12-month period.

  • (d) Stagnant water or excavations.

  • (e) Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location.

  • (f) Vehicles parked on any surface other than an "improved surface" or "driveway" as those terms are defined.

  • (g) Any condition of a building or structure deemed to be unsafe or that in the discretion of the City Manager or his/her designee, or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this code or any other applicable law.

  • (h) Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section17920.3 or its successor.

  • (i) Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by City inspectors and before such final inspection has been noted on the permit card obtained from the City.

• (2) "City" means the City of Rio Dell, a municipal corporation of the State of California.

• (3) "City Council" means the duly elected City Council for the City of Rio Dell.

• (4) "City Council member" means any currently seated member of the City Council for the City of Rio Dell.

• (5) "City Manager" means the City Manager for the City of Rio Dell.

• (6) Code or City Code. The "code" shall mean the municipal code for the City of Rio Dell.

• (7) "Code Compliance Administrator" means the City Manager and the authorized representative(s) of the City Manager.

• (8) "Department head" means the Police Chief, the City Manager, and the City Attorney, and their authorized representative(s).

• (9) "Driveway" means an improved all weather, including gravel, decomposed granite, asphalt, concrete or comparable surface, access road from a private or public street onto a parcel.

• (10) "Graffiti" means unauthorized markings, visible from premises open to the public, that have been placed upon any property through the use of paint, ink, chalk, dye or any other substance capable of marking property.

• (11) Hearing Officer. The "hearing officer" shall be an attorney appointed by the City Manager who is in good standing or otherwise capable of conducting the hearing.

• (12) "Highway" means any road, street, alley, way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. "Highway" includes City streets.

• (13) "Improved surface" means an improved all weather, including gravel, decomposed granite, asphalt, concrete or comparable surface.

• (14) "Inoperative vehicle" means any vehicle which cannot be legally operated on the street because of lack of current registration or lack of an engine, transmission, wheels, tires, windshield or any other part or equipment necessary to operate on public streets and/or highways.

• (15) "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.

• (16) "Junkyard" means any premises on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit.

• (17) Notice and Order. A "notice and order" is legal notice which details structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar.

• (18) "Nuisance Advisory Committee" means a committee made up of two members of the City Council, the City Manager, the Community Development Director, the Chief of Police and at least two and not more than four members of the public. The Committee shall provide oversight and advice to the Code Compliance Manager and the Police Chief on priorities and courses of action. It shall meet once per month at a regularly scheduled time set by the City Manager.

• (19) "Owner" means owner of record of real property, occupant, lessee, or interested holder in same, as the case may be, including the owner of real property whereon a vehicle(s) or part(s) thereof is located.

• (20) "Person" means any individual, group of individuals, firm, entity or corporation owning, occupying or using any premises.

• (21) "Planning Commission" means the Planning Commission for the City of Rio Dell.

• (22) "Police Chief" means the Police Chief for the City of Rio Dell.

• (23) "Premises" means any real property or improvements thereon located in the City of Rio Dell.

• (24) "Service station" means any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines or motor vehicles, whether or not providing related automotive maintenance and repair service.

• (25) Special Assessment Lien. A "special assessment lien" is a lien placed on real property and is collected by the County Tax Assessor.

• (26) "Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019; Ord. 381 § 1, 2020)

It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this City to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:

• (1) Any condition recognized in law or equity as constituting a public nuisance including, without limitation, any condition on or use of property which would constitute a nuisance as defined in California Penal Code Sections 370, 371 and/or 11225;

• (2) Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;

• (3) Any condition that is in violation of any duly enacted ordinance of the Rio Dell Municipal Code, or resolution or lawful order promulgated by authorized City officials;

• (4) Any condition in violation of RDMC Titles 8, 15, and 17, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the City Council or the Planning Commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the City;

• (5) Any condition in violation of Chapter 8.25 RDMC entitled "Premises Used for DrugRelated Activity";

• (6) Anything defined as a nuisance pursuant to State and Federal law including but not limited to California Civil Code Section 3479 et seq.;

• (7) Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39501 et seq. and 39560 et seq. as enacted or hereafter amended and enforced by City ordinance and resolutions;

• (8) Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;

• (9) Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature, may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded, ice boxes, refrigerators or excavations;

• (10) Generators. The use of generators except during a power outage is considered a nuisance and therefore prohibited. Generators used during a power outage are subject to the following conditions:

• (a) Generators for residential uses shall comply with the setback standards of the underlying zoning district, and be placed in an area that is reasonably practical for the homeowner that is least disruptive to neighbors. Generators supporting residential uses shall not be operated during the hours of 9:00 p.m. to 7:00 a.m., except as required for bona fide health or medical need;

  • (b) During a power outage period, generators for commercial uses may be operational 24 hours per day, but should be shut off when not critically needed to minimize the disturbance of neighbors;

(11) Any condition that constitutes a visual blight, including graffiti.

(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019; Ord. 381 § 1, 2020)

• (1) 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 this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

• (2) Every occupant, lessee, tenant or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.

• (Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

Article II

Enforcement

• (1) The City Manager is hereby authorized to administer and enforce all of the provisions of this chapter. In accordance with approved procedures, the City Manager may assign said authority to department heads and/or employ qualified officers, inspectors, assistants, and other employees as shall be necessary to carry out the provisions of this chapter. The authority of the City Manager to enforce the provisions of this chapter is independent of and in addition to the authority of other City officials to enforce the provisions of any other chapter of the City Code.

• (2) Pursuant to California Code of Regulations, Title 25, Section 52, the procedures contained in this chapter are deemed to be equivalent for the purposes intended by, and may be used in lieu of, the regulations and procedures for abatement contained in Article 6 of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations which addresses mobile homes and parks.

• (3) Nothing in this chapter shall be construed to limit the authority of the Police Chief of the City to enforce all laws within the Police Chief's jurisdiction.

• (Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

• (1) Whenever it is necessary to make an inspection of any premises to enforce the provisions of this chapter, and to the extent authorized by law, the Code Compliance Administrator or a department head authorized by the Code Compliance Administrator may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him/her by this code, subject to the requirements of Amendment IV of the United States Constitution and any other provisions of applicable law.

• (2) Whenever practicable, the Code Compliance Administrator or the department head shall contact the occupant of such premises 24 hours prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the Code Compliance Administrator or the department head shall also, if practicable, contact such owner. This does not prevent entering the property within the 24 hours of notification with the owner's or occupant's permission.

• (3) If entry onto any premises is denied by the owner or occupant of such premises, or by any third party, the Code Compliance Administrator or authorized department head shall have recourse to every remedy provided by law to secure peaceable entry on such premises to perform the duties required by this chapter.

• (Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

• (1) It shall be unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter. Any person, firm, corporation, or other entity, whether as owner, lessee, sublesser, sublessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the

following:

• (a) Such person shall be subject to weed abatement, summary or administrative abatement of the nuisance by the City, and be subject to administrative citations, fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the City pursuant to the summary or administrative abatement procedures contained in the City Code or any other provisions of law;

• (b) Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof shall be punished for each violation by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both for each violation;

• (c) Such person shall be prosecuted in a civil action, criminal action, or both brought by the City. The City Attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the City;

• (d) Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.

• (2) To address the variety of circumstances that may arise in conjunction with addressing violations of the municipal code of Rio Dell, including, but not limited to, nuisance regulations, such as difficult and/or recurrent cases, the following mechanisms shall facilitate a prompt and responsive code compliance program. The City Council finds that there is a need to establish several mechanisms, including fines.

• (3) These provisions provide for administrative procedures and citations as provided in Government Code Section 53069.4.

• (4) The remedies provided by these provisions are in addition to all other legal remedies, administrative, criminal and/or civil, which may be pursued by the City to address any violation of this code.

• (5) Use of these provisions shall be at the sole discretion of the City. (Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

The Code Compliance Administrator has authority to issue administrative citations pursuant to these provisions.

• (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

• (1) Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation has occurred, the enforcement officer may issue an administrative citation to any person responsible for the violation.

• (2) Each administrative citation shall contain the following information:

  • (a) The date of the violation;

  • (b) The address or a definite description of the location where the violation occurred;

  • (c) The section of this code violated and a description of the violation;

  • (d) The amount of the fine for the code violation;

  • (e) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

  • (f) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

  • (g) An order to correct the code violation described in the administrative citation if said violation is correctable as described in this chapter;

  • (h) A description of the administrative citation review process, including the time period within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained and an advance deposit waiver; and

  • (i) The name and signature of the citing enforcement officer.

• (3) In addition to the administrative citation and penalty authorized by this chapter, an order to correct a violation under subsection (2)(g) of this section may be enforced as set forth in the chapter applicable to that violation.

• (4) In the case of a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issue that in the opinion of the Code Compliance Administrator or designee does not create an immediate danger to health, safety or public welfare, a reasonable time, not to exceed 120 days, shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what constitutes a reasonable time, the Code Compliance Administrator may consider the estimate of local professionals including licensed contractors, but shall have sole discretion to make the final determination as to what the reasonable time shall be. In the case of such violations, the time within which the violation must be corrected, in order to avoid a fine, shall also be specified on the administrative citation.

• (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

• (1) The amounts of the fines for violations of the Rio Dell Municipal Code and local building and safety codes including the California Building Code (CBC), California Residential Code (CRC), Section 17920.3 of the California Health and Safety Code, and Uniform Housing Code (UHC) are imposed pursuant to Government Code Section 53069.4 and this chapter and shall be as follows:

  • (a) A fine of $100.00 for a first violation;

  • (b) A fine of $200.00 for a second violation of the same section of the Rio Dell Municipal Code within one year of the first violation;

  • (c) A fine of $500.00 for each additional violation of the same section of the Rio Dell Municipal Code within one year of the first violation.

• (2) A 10 percent late payment fee shall be imposed on any fine which is not paid within 30 days of the issuance of the citation.

• (3) The administrative fines outlined in this chapter are levied in addition to any recovery of costs outlined in this chapter.

• (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

• (1) The fine shall be paid to the City within 30 days from the date of the administrative citation.

• (2) Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

• (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

Any recipient of an administrative citation may contest the existence of a violation of the code, that he or she is the responsible party, or any order issued under RDMC § 8.10.090(2) pursuant to RDMC § 8.10.270. Any person, corporation, or entity seeking to contest an administrative citation shall notify the City Clerk in writing on a form provided by the City of Rio Dell within 21 days from the date the administrative citation was issued.

(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

Any person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges identified in RDMC § 8.10.100(2), as well as interest at the legal rate. (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

The City may collect any past due administrative citation fine or late payment charges by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens and actions for recovery of money. The City also may recover its collection costs. Special assessment liens against property may only be applied when the administrative citation fine was issued for a violation directly connected to the property. (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

Any person aggrieved by a final administrative decision issued pursuant to RDMC § 8.10.270(5) of an administrative citation may obtain judicial review of the administrative decision by filing a petition seeking review in accordance with Government Code Section 53069.4. (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

• (1) Whenever a notice or report is required to be given or provided under this chapter, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by first class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service, upon the record owner at the address as it appears on the latest equalized assessment roll of Humboldt County, and upon the occupant of the premises, if any. If neither of these methods results in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises.

• (2) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

• (3) Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

• (Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

Nothing in this chapter shall be deemed to prevent the City from commencement of any available administrative, civil and/or criminal proceeding to abate a nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in this chapter.

(Formerly 8.10.080; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all City ordinances for the abatement or punishment of any violation thereof are cumulative and may be pursued alternatively or in combination. Provisions of this code are to be supplementary and complementary to all of the City ordinances, the Rio Dell Municipal Code, State law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all nuisances and to enforce its ordinances.

(Formerly 8.10.090; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)

When a permit is required to correct a code violation pursuant to a code compliance action, the property owner shall complete the permit, including all inspections, corrections, and work in accordance with a timeline established by the Code Compliance Administrator. In establishing the timeline the Code Compliance Administrator shall provide a time frame, which in his or her judgment is reasonable to expeditiously complete the permit. Failure to strictly adhere to the established time frame shall be deemed a continuing violation subject to the remedies established in this article. Nothing in this chapter shall be construed to relieve the violator from payment of any and all costs incurred by the City in enforcing and/or causing the abatement of any violation of the City of Rio Dell Municipal Code.

(Formerly 8.10.100; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2,

Article III Weed Abatement

The City shall seek authority to abate/destroy weeds, dry grass, rubbish and other inflammable material or vegetation 10 days from the delivery of the administrative citation and/or the notice of violation. The costs of such abatement, including administrative costs, shall be the responsibility of the property owner.

(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)