Chapter 8.72 — ACCUMULATION OF JUNK

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

(a)

Front lot line means the line separating the front of the lot from the street. If a lot is bounded by more than one street then the front lot line is the line most nearly facing the front of the main building on the lot; provided, that if there is no building on the lot front lot line may be designated by the owner of the lot.

(b)

Front yard means a yard extending across the full width of a lot and extending from the front lot line to the front foundation line, and its prolongations, of the main building as shown in Figure 1 following this subsection. If the lot is vacant, the front yard depth shall be 50 feet.

(c)

Junk for the purposes of this chapter means any combustible or noncombustible, nonputrescible or putrescible waste, including but not limited to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees; household refuse (including garbage); lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction or buildings or structures; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable.

(d)

Lot means a lot or parcel two acres or less in size.

(e)

Lot used for residential purposes means a lot on which one or more dwellings are located.

(f)

Rear lot line means the lot boundary line or lines most distant from and generally opposite the front lot line.

(g)

Side lot line means any lot boundary line that is not a front or real lot line.

No person shall accumulate junk:

(a)

On any lot that is not in his ownership or possession, unless he has permission from the owner of such lot to do so.

(b)

On any lot used for residential purposes, unless done in strict compliance with Section 8.72.030.

(c)

On any parcel of land adjacent to a lot used for residential purposes, except:

(1)

As a part of and incident to a lawfully established and conducted commercial or industrial enterprise; or

(2)

When done in strict compliance with Section 8.72.030

(a)

No person shall accumulate junk, or permit junk to be accumulated, on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes:

(1)

Within four feet of any building or structure, except that junk may be accumulated within two feet of a fence or wall which constructed of non-flammable material and is not used for structural support of a building;

(2)

Within 15 feet of any rear lot line;

(3)

Within ten feet of any side lot line; or

(4)

In the front yard.

(b)

No person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes or on a vacant lot that is adjacent to a lot used for residential purposes, except in accordance with all of the following regulations:

(1)

The accumulation shall be stored either in sturdy, vermin-proof, closed containers or on platforms elevated not less than 18 inches above the ground;

(2)

The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests;

(3)

The accumulation shall not be strewn about or maintained in any unsightly condition.

This chapter does not prohibit the accumulation of junk in the course of the lawful operation of a junkyard, motor vehicle storage or wrecking yard, or salvage yard conducted in the manner authorized by Chapter 19 herein, the zoning ordinance and/or this Code. Nothing contained in this chapter shall be deemed to authorize the establishment or maintenance of a junkyard, motor vehicle storage or wrecking yard, or salvage yard.

This chapter does not prohibit the accumulation of junk in accordance with the conditions and requirements of, and for the purposes authorized by, Sections 68.530 and 68.550 of the County Code or for a reasonable time prior to disposal thereof in a public dump or other place where disposal lawfully may be made.

This chapter does not prohibit the accumulation of used lumber, lumber scraps and/or materials fabricated out of wood for use as firewood or fuel; however, any such accumulation shall be neatly stacked and shall be maintained in accordance with the provisions of subsections (a)(1) and (4) and of subsections (b)(2), (3) and (4) of Section 8.72.030; and provided further, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length or two feet in width.

The Building Inspector shall enforce this chapter.

The Building Inspector shall determine whether or not a person is accumulating junk in such a manner as to constitute a violation of this chapter. In making such determination, the Building Inspector may consider the nature, size and extent of the accumulation has been permitted to remain; whether, and to what extent, the accumulation is detrimental to the public health, safety and welfare; and whether any unusual conditions exist that would render the disposal of such junk in a lawful manner a hardship.

If the Building Inspector determines that an accumulation of junk exists in violation of this chapter, he shall give a written notice and order to the owner or to the occupant of the premises or, if such person cannot be located on the premises, to any person over the age of 18 years who is apparently in possession of the premises or, if there is no such person, then by mailing the written notice and order, postage prepaid, return receipt requested, to the person shown to be the owner by the latest equalized assessment roll or any more recent record in the office of the County Assessor. Such written notice and order shall be substantially in the following form:

"You are hereby informed that the Building Inspector of the City of San Marcos has determined that there is an unlawful accumulation of junk, contrary to Section 8.72.030(a) of the San Marcos City Code, on the following premises:

——-(street address or other designation of premises)——-

"You are hereby ordered to remove said accumulation of junk from said premises within ten days from the date of this Notice and Order or, alternatively, and within the same period of time, to bring said accumulation of junk into conformity with the requirements of said Section of the San Marcos City Code. You are hereby advised of your rights to appeal from this Notice and Order pursuant to Sections 8.72.100 and 8.72.110 of said San Marcos City Code. Failure to comply with this Notice and Order constitutes a violation of Section 8.72.120 of said San Marcos City Code."

Any person served with a notice and order made pursuant to Section 8.72.090 may appeal to the City Council as provided in Section 8.72.110 and such appeal shall stay the effect of the notice and order until the City Council hears the appeal and issues its order modifying, vacating or affirming the notice and order. The appeal and stay of the notice and order shall not relieve any person from liability or responsibility, criminal or civil action, for maintaining an unlawful accumulation of junk and shall not stay or prevent the filing or prosecution of a criminal or civil action for the maintenance of such unlawful accumulation of junk.

Within a period of three days, exclusive of Saturdays, Sundays and holidays, following the service of a written notice and order by the Building Inspector pursuant to Section 8.72.090, the person ordered to remove the accumulation of junk may file with the Clerk of the City of San Marcos a written appeal from the notice and order. The appeal shall contain the appellant's name, mailing address and a general statement of exceptions taken by the appellant to the notice and order. Upon receipt of an appeal, the Clerk of the City of San Marcos shall immediately notify the Building Inspector, and shall set such appeal for hearing at the next regular meeting of the City Council at which, in the opinion of the Clerk, there will be sufficient time available to conduct such hearing. The Clerk shall forthwith give written notice of the time, date and place of hearing to the Building Inspector and shall send a copy of such notice through the United States mail to the appellant at the address specified in the appeal. At the time, date and place indicated, the Building Inspector shall produce evidence of the existence of the unlawful accumulation of junk which is the subject of his notice and order. The appellant may likewise produce relevant evidence.

The City Council shall consider all relevant evidence produced at the hearing and, if it finds by the preponderance of the evidence that there is in fact an unlawful accumulation of junk, it may declare it to be a public nuisance. The determination that such accumulation of junk constitutes a public nuisance shall be supported by such findings as are necessary and proper, which findings need not be reduced to writing unless the appellant so requests at the hearing. Upon determining that a public nuisance exists, the City Council may order the abatement thereof upon such terms and conditions as it deems reasonable and just under the circumstances, or it may modify or affirm the notice and order made by the Building Inspector. If the City Council does not find that a public nuisance exists, it shall vacate the order of the Building Inspector, in which event the City Council need not make findings. In the event the City Council determines that a public nuisance exists and orders the abatement thereof, the Building Inspector shall serve the order of abatement in the manner described in Section 8.72.090, shall enforce the order, may supervise the abatement of the nuisance if he deems it necessary to do so, and may make such further orders in furtherance of said order of abatement as he deems necessary under the circumstances.

Failure to comply with the notice and order given by the building inspector pursuant to Section 8.72.090, or with the order of abatement given by the City Council pursuant to Section 8.72.110, constitutes a misdemeanor and is punishable in accordance with Section 1.12.010.

(Ord. No. 99-1053, 2-1-99; Amend. of 2-5-2025(1))

The accumulation of junk contrary to this chapter is hereby declared to be a public nuisance. Upon direction of the City Council, the City Attorney shall bring an appropriate action to abate the public nuisance in a court of competent jurisdiction.

The City Council of the City of San Marcos may as an alternate to proceeding under Section 8.72.130 in the event of a failure to comply with the Order of Abatement within 30 days proceed to seek bids for the purpose of removing the junk.

If the City Council elects to proceed hereunder the City shall hold a public hearing within 60 days of the date of confirmation of the order of abatement in order to award a contract for the removal of said junk. The owner of the property shall be given notices of the hearing.

After the public hearing has been conducted, the City Council shall either award the contract for removal or accept the property owner's alternative proposal, if any. If the City Council accepts the owner's offer, then within 30 days after the public hearing the Building Inspector shall inspect the property to determine that compliance has taken place. If not, the City Manager shall award the contract for removal to the lowest qualified bidder.

The removal of the junk shall be inspected by the City Building Inspector. Upon completion of the work removal, the City Council shall cause a lien to be filed against the real property for costs of removal. Said lien shall be filed with the County Tax Collector for collection as a part of the billing for the next annual property taxes installment.