Sanger Municipal Code § 38-24 Public nuisance and abatement ordinance

Any person who shall tear down, mutilate, remove or destroy any notice, handbill or sign of any business or performance of any kind, or any ornamental sign, or any news or bulletin board, or who shall use such boards for posting any notice, device or other matter, without the consent of the owner, is guilty of a misdemeanor.

(Code 1960, § 12.1)

State Law reference— Damaging, mutilating, etc., signs, Penal Code § 602.

Editor's note— Ord. No. 1120, § 1, adopted April 7, 2011, repealed the former § 38-2, which pertained to curfew for minors and derived from Ord. No. 884, §§ 1, 2, adopted April 15, 1993. The user's attention is directed to Art. IV, § 38-121 et seq.

Any person who shall make a false alarm by ringing the fire bell or by shouting fire is guilty of a misdemeanor.

(Code 1960, § 12.8)

Cross reference— Public safety alarms, § 26-26 et seq.; fire prevention and protection, ch. 30.

Editor's note— Ord. No. 1121, § 1, adopted April 7, 2011, repealed the former § 38-4, which pertained to loitering about school grounds and derived from Code 1960, § 12.16-1. The user's attention is directed to Art. V, § 38-141 et seq.

The mufflers on all automobiles, auto trucks, motorcycles or other vehicles propelled by gasoline or distillate shall be closed while such vehicles or machines are being operated within the business district of the city. A violation of this section is hereby declared to be a misdemeanor.

(Code 1960, § 12.17)

Cross reference— Traffic and vehicles, ch. 70.

Except as otherwise provided in this section, no person shall block, impede or obstruct any public street, sidewalk or place or any entrance, exit or approach to any place of business in or upon any public street, sidewalk or place in a manner calculated or with the intent to prevent, delay, hinder or interfere with the free passage therealong or therethrough of any other person who is entering, occupying or leaving any place of business, or who is performing any services or labor, or who is seeking or obtaining employment, or who is purchasing, selling, using, delivering, transporting or receiving any goods, wares, merchandise, services, entertainment, accommodations or articles, or who is attempting or seeking to do any of the foregoing, or to prevent, delay, hinder or interfere with the free passage therealong or therethrough of any vehicle or conveyance operated by or in the custody of any such other person or in which any such other person is riding or attempting to ride; provided, however, it shall be lawful for freight in transit to be placed on the sidewalk for a period not to exceed four hours, provided a minimum of three feet of free passage remains and also provided no freight in transit shall be upon the sidewalks between the hours of 6:00 p.m. and 6:00 a.m. Merchandise shall not be permitted on sidewalks for display or sale purposes.

(Code 1960, § 12.19)

Cross reference— Streets, sidewalks and other public places, ch. 58.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7, which pertained to definitions and derived from 1960 Code, § 12.18; and Ord. No. 1010, adopted April 19, 2001.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7.1, which pertained to enforcement of chapter and derived from Ord. No. 1010, adopted April 19, 2001.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7.2, which pertained to nuisance and derived from Ord. No. 1010, adopted April 19, 2001; Ord. No. 1065, § 1, adopted June 2, 2005; Ord. No. 1116, § I, adopted Jan. 6, 2011; and Ord. No. 1124, § 3, adopted July 21, 2011.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7.3, which pertained to emergency abatement and derived from Ord. No. 1010, adopted April 19, 2001.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7.4, which pertained to abatement generally and derived from Ord. No. 1010, adopted April 19, 2001.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7.5, which pertained to appeals from decision of the city council and derived from Ord. No. 1010, adopted April 19, 2001.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7.6, which pertained to recovery of fees, costs, charges and fines regarding public nuisances and derived from Ord. No. 1010, adopted April 19, 2001; and Ord. No. 1104, § I, adopted Sept. 18, 2008.

Editor's note— Ord. No. 2021-01, § 1, adopted March 18, 2021, repealed § 38-7.7, which pertained to violations—additional remedies—injunction and derived from Ord. No. 1010, adopted April 19, 2001.

Any person who shall, within the city, establish or carry on any slaughterhouse, or who shall slaughter animals, or who shall keep any number of hogs or other animals, or who shall permit any stable, privy or vault to accumulate filth or excrementitious matter so as to emit an offensive smell to the annoyance of the neighborhood in the vicinity thereof, or who shall permit any cesspool or drainage to collect on his premises, or premises under his control, in such manner as to be offensive to the sense or prejudicial to the health or comfort of the inhabitants of the city, or any portion thereof, or who shall place or permit to be or remain upon the premises under his control, any slop, garbage, offal, filth, dirt or any article or thing that emits an offensive odor, to the annoyance of the inhabitants in the vicinity, or who shall deposit any ashes, filth, rocks, sticks, wood, manure or other article or thing in any slough or conduit running through the city so as to prevent the flow of water therein, or who shall throw or deposit any ashes, filth, rocks, sticks, wood, manure or any other article or thing on the premises of another, is guilty of a misdemeanor.

(Code 1960, § 12.20)

Cross reference— Animals, ch. 10.

(a) The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants of such private residences, for the purpose of soliciting orders for the sale of goods, wares, and merchandise or for the purpose of disposing of or peddling or hawking the same, is hereby declared to be a nuisance, and punishable as such nuisance as a misdemeanor.

(b) The chief of police and police officers of the city are hereby required and directed to suppress and to abate any such nuisance.

(Code 1960, § 12.21)

(a) It shall be unlawful for any person to exhibit, use, maintain or operate in the city any so-called vending machine or other mechanical device for the sale of goods, wares or merchandise, which mechanical device shall deliver one article or quantity of merchandise at one operation of the machine, and other articles or quantities of merchandise at another operation of the machine, or which shall deliver other than a specific article or specific quantity of merchandise, or its or their equivalent, for a specific and uniform price at any and all times, the character, quantity and price being set out in plain lettering on the face of the machine or device which is being exhibited, used, maintained or operated.

(b) The possession by any person of any vending machine or other mechanical device that is so constructed that the same may be used or operated contrary to the provisions of this section shall be prima facie evidence that the same has been so used or operated.

(Code 1960, § 12.25)

(a) It shall be unlawful for any person to drink any alcoholic beverage upon any public street, alley, sidewalk or parkway within the city.

(b) It shall be unlawful for any person to drink or have possession of an open container of any alcoholic beverage, in a motor vehicle or otherwise:

(1) Upon any land within the city which the owner, lessee or agent of any commercial establishment authorized by the state to sell alcoholic beverages operates for the parking of motor vehicles by the customers of such commercial establishment;

(2) Upon any land which adjoins the land referred to in subsection (1) of this section and which is owned, operated or possessed by the owner, lessee or agent of such commercial establishment; or

(3) On any private property open to public view without the owner's permission.

(Code 1960, § 12.28)

Cross reference— Consumption of alcoholic beverages in parks, § 42-13.

(a) Vehicles prohibited. No person shall operate any motorcycle, motor-driven cycle, minibike or other vehicle or device by which any person or property may be propelled, moved or drawn, excepting a vehicle or device moved by human power, along or upon the banks or within any ditch or canal within the city.

(b) Exceptions. This section shall not apply to the following persons:

(1) Officers, employees, and permittees of the owner or operator of the ditch or canal.

(2) Public officers in the discharge of their duties.

(3) Rightful water users in connection with their operations.

(4) The owner of property on which any such ditch or canal is maintained in an easement, and his permittee, in the course of conducting business operations on the property.

(Code 1960, § 12.29)

Cross reference— Traffic and vehicles, ch. 70.

It is unlawful for any person to ride or operate any motorcycle or motorbike of any kind on any private property or public property within the city except upon a dedicated public right-of-way established for motor vehicles or a regularly established private road, driveway or parking lot appurtenant to a structure on that property.

(Code 1960, § 12.30)

Cross reference— Traffic and vehicles, ch. 70.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dangerous or deadly weapon means, but is not limited to:

(1) Any knife with a blade three inches or more in length.

(2) Any spring-blade, switchblade or snap-blade knife or other similar knife.

(3) Any knife any blade of which is automatically released by a spring mechanism or other mechanical device.

(4) Any ice pick, or similar sharp, stabbing tool.

(5) Any straight-edge razor or any razor blade fitted to a handle.

(6) Any cutting, stabbing, bludgeoning weapon or device capable of inflicting grievous bodily harm.

(b) In public places. It shall be unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon, to be in any school building or upon any schoolgrounds, playground or park, to loaf or loiter upon any public street, sidewalk or alley, or to wander about from place to place, with no lawful business thereby to perform, or to hide, lurk or loiter upon or about the premises of another.

(c) Fighting, etc. It shall be unlawful for any person who has concealed upon his person or who has in his immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon any public place or way or upon the premises of another.

(d) Where intoxicating liquors are sold. It shall be unlawful for any person who has concealed upon his person any dangerous or deadly weapon to loiter upon any place where intoxicating liquors are sold or any other place of public resort.

(e) Tools, etc., excepted. The foregoing restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate recreation.

(Code 1960, § 12.26)

State Law reference— Dangerous weapons generally, Penal Code § 12000 et seq.

No person shall sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer or give to any other person, any spring-blade, switchblade, snap-blade knife, or other similar type knife, or any knife any blade of which is automatically released by spring mechanism or other mechanical device.

(Code 1960, § 12.27)

No person other than a peace officer shall carry or possess on his person any deadly or dangerous weapon, as that term is defined in section 38-14, or any firearm, as that term is defined in Penal Code § 12001 et seq., in any building operated by the city, including but not limited to city hall, the community center, the senior center, police headquarters, the fire station, the corporation yard buildings, the wastewater treatment plant buildings and the swimming pool complex buildings. Folding pocket knives having a blade less than three inches in length are exempt from the provisions of this section.

(Ord. No. 861, § 1(12.31), 1-2-92)

Any person who shall discharge firearms of any description within the city, except in a duly licensed shooting gallery, or any person who shall discharge or explode any torpedoes, bombs, dynamite canes, skyrockets or dangerous fireworks of any description, or discharge or explode powder under an anvil or in a cannon, or in any other manner, without a permit in writing from the chief of police, which shall designate the place, time of firing or discharging, and the number of discharges authorized, is guilty of a misdemeanor. The provisions of this section shall not be construed so as to prohibit any person from shooting any destructive animals within or upon his own enclosure.

(Code 1960, § 12.9; Ord. No. 1160, § 5, 5-21-15)

Any person who shall carry on his person, or have in his possession, any slingshot, or instrument, or other thing commonly used, or which may be used, for throwing any shot, bullet, rock, stone, or other missile, or in any manner, use the same to the danger of persons or property in the city is guilty of a misdemeanor.

(Code 1960, § 12.24)

The city may recover damages in an amount not to exceed $2,500.00 in a civil action in a court of competent jurisdiction against the parent or legal guardian of an unemancipated minor, living with his or her parent or legal guardian, who has maliciously or wilfully destroyed real or personal or mixed property of the city.

(Ord. No. 896, § 6(28), 10-7-93)

No person shall operate a yard blower in such a manner as to cause dust, dirt, debris, leaves or other material to be deposited on adjacent properties or in the public right-of-way.

(Ord. No. 889, § 1, 7-15-93)

Cross reference— Duty to remove grass, weeds and debris from sidewalks and alleys, § 58-2.

(a) For the purpose of this section, "smoke" or "smoking" means and includes inhaling, exhaling, burning, using or carrying any lighted, heated, or ignited cigar, cigarette of any kind, cigarillo, pipe, hookah, electronic smoking device, marijuana, or any plant product intended for human inhalation.

(b) Smoke or smoking is prohibited inside all city buildings and vehicles at all times. "City buildings" includes but is not limited to the following named facilities: Sanger City Hall and the police, fire and recreation department buildings at the Civic Center Complex on 7th Street, the Community Center, the Senior Center, the Corporation Yard buildings, and all other buildings and facilities owned or operated by the city. "City vehicles" means all motor vehicles owned by the city, including but not limited to police vehicles, fire vehicles, and ambulances, refuse trucks, and all other vehicles owned by the city.

(c) The city manager or his or her designee shall be responsible for posting "no smoking" signs in all city-owned buildings governed by this section.

(Ord. No. 895, § 1, 9-2-93; Ord. No. 2017-03, § 1, 6-1-17)

Cross reference— Administration, ch. 2; smoking in council chambers prohibited, § 2-27.

The city designates the following city parks as "drug-free zones" for the purpose of sentence enhancement pursuant to California Health and Safety Code § 11380.5, as amended:

(1) Civic Center Park (1700 7th Street);

(2) Brehler Square (1400 7th Street);

(3) Faller Park (825 10th Street);

(4) Galoostian Park (1523 10th Street);

(5) Greenwood Park (975 Greenwood Street);

(6) Jenni Park (2301 Jenni Street);

(7) Lincoln Park (1700 14th Street);

(8) Rotary Field (2560 Cherry Street); and

(9) Sanger City Park (477 Academy Road).

(Ord. No. 946, § 1, 2-15-96)

It shall be unlawful for any person, firm, or corporation doing business within the city limits to store, stock, keep or display for sale or transfer any product containing pseudoephedrine in an area other than a place that is locked and secure or is otherwise made unavailable to the public and which is accessible only to employees of such businesses.

(Ord. No. 1072, § 2, 1-5-06)

The provisions in sections 38-24 to 38-24.15 shall be known as the public nuisance and abatement ordinance which is also referred to in these sections as the "public nuisance ordinance."

(Ord. No. 2021-01, § 2, 3-18-21)

(a) The city council of the City of Sanger finds and determines as follows:

(1) Property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private properties;

(2) There is a need for further emphasis on property maintenance and sanitation in that certain conditions, as described in this public nuisance ordinance, have been found throughout the city;

(3) The existence of conditions as described in this public nuisance ordinance, is injurious and inimical to the public health, safety and welfare of the residents of the city;

(4) Unless corrective measures are undertaken to alleviate such existing conditions and assure the avoidance of future problems in this regard, the public health, safety and general welfare and specifically the social and economic standards of the community will be depreciated;

(5) The abatement of such conditions will improve the general welfare and image of the city; and

(6) The abatement procedures set forth in this public nuisances ordinance are reasonable and afford due process to all affected persons.

(b) The purposes of this public nuisance ordinance are to safeguard, remedy and prevent the decay and deterioration of the city by elimination of public nuisances. The procedures established in this public nuisance ordinance are cumulative and in addition to any other remedy permitted by law.

(Ord. No. 2021-01, § 2, 3-18-21)

Abandoned vehicle means a vehicle which is left on a highway, public or private property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded.

(1) In reaching a reasonable conclusion, one must consider the amount of time the vehicle has been there without being moved, its condition, statements from the owner and witnesses, etc.

(2) In reference to highway or public rights of way, "abandonment" is presumed to have occurred if a vehicle is parked, resting, or otherwise immobilized on any highway or public right of way; and lacks an engine, transmission, wheels, tires, doors, windshield, or other part of equipment necessary to operate safely on the highway in this city. Such vehicles are presumed to be a hazard to public health, safety, welfare and considered an attractive nuisance and may be removed immediately upon discovery.

Attractive nuisance shall mean any condition, instrumentality or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.

Blight means the condition of a specific property or group of properties where the conditions are visible from public streets or right of ways and substantially detract from the aesthetics and economic value of the neighboring properties including health and safety hazards, public nuisance, crime, neglect and deterioration of property.

Building means any structure having a roof supported by columns or walls, used or intended for supporting or sheltering any use, occupancy, or storage.

City manager means the city manager or his/her designee.

Code enforcement officer or enforcement officer shall include any person authorized to issue citations or enforce the Sanger City Code pursuant to chapter 1, article II of this Code.

Dismantled vehicle means any vehicle that is partially or wholly dismantled.

Inoperative vehicle means any motor vehicle that cannot be moved under its own power.

Overgrown vegetation means grass, lawn blades, or weeds that are:

(1) Over 12 inches long or any ground covering plant material that extends over 12 inches onto a public street, curb, gutter, or sidewalk or;

(2) Over six inches long or any ground covering plant material that extends over six inches on to the public street, curb, gutter or sidewalk when the condition exists in combination with one or more other violations under this Code.

Park strip shall mean that portion of a street right of way that lies between the sidewalk and the outside edge of a street, gutter, or gutter lip, including a driveway approach. Where no curb exists, "park strip" shall mean the area of property from the sidewalk to the edge of the street pavement.

Property shall mean any lot or parcel of land. For purposes of this definition, "lot or parcel of land" shall include any alley, sidewalk, park strip or unimproved public easement abutting such lot or parcel of land.

Record owner shall mean the person to whom land is assessed as shown on the last equalized assessment roll of the county or current title owner of record, if different.

Structure means anything constructed or built, 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 requires location on the ground or is attached to something else attached to the ground.

Vacant blighted building means a vacant residential, commercial, or industrial building and all yards surrounding the building that is in violation of one or more provisions of the Sanger City Code or California state law, and therefore reduces the aesthetic appearance of its neighborhood, area or district, is offensive to the senses, or is detrimental to nearby properties uses or property values. A blighted building includes a vacant building and the yards surrounding the building that are not being actively maintained, or actively monitored, or actively secured.

Vacant building means real property with one or more structures, whether residential, commercial, industrial, or otherwise that is unoccupied or is occupied by unauthorized persons. In the case of a multi-unit structure or complex, vacant shall mean 50 percent or more of the units are unoccupied or occupied by unauthorized persons.

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

Wrecked vehicle means any vehicle that is damaged to such an extent that it cannot be operated upon the highway.

(Ord. No. 2021-01, § 2, 3-18-21)

(a) Authority. The city manager shall have principal responsibility for enforcing this public nuisance ordinance and shall be referenced as enforcement officer. Any provision of this public nuisance ordinance which refers to the city manager shall be interpreted to include a reference to a designee of the city manager. Additionally, this public nuisance ordinance may be enforced by Code enforcement officers authorized to issue citations under this Code and by members of the police department.

(b) Right of entry; consent or warrant. Whenever necessary to make an inspection to enforce any provisions of this public nuisance ordinance or other provisions of this Code, or whenever the city manager has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes the building or premises a public nuisance as defined in this public nuisance ordinance, the city manager may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the city manager by this public nuisance ordinance, including the abatement of any public nuisance, provided all inspections, entries, and abatements shall be done in a reasonable manner and with the consent of the owner, agent, or occupant. If an owner, occupant, or agent refuses permission to enter, or inspect, or abate, the city manager must seek an administrative or inspection warrant pursuant to the procedures provided for in Cal. Code of Civil Procedure §§ 1822.50 through 1822.59, as amended, before entering the property.

(c) Responsibilities defined. Owners remain liable for violations of duties imposed by this public nuisance ordinance even though an obligation is also imposed on the occupants of the building. Buildings, structures, premises and parts thereof shall be responsible for such maintenance. To determine compliance with this section, the building or premises may be re-inspected.

(Ord. No. 2021-01, § 2, 3-18-21)

It is unlawful for any person, corporation, or other entity owning, leasing, occupying or having charge or possession of any property in this city, whether commercial, industrial or residential, to keep, maintain or deposit, on the property any public nuisance, described as follows:

(1) Any condition as described in the Uniform Code for the abatement of dangerous buildings. Reference to that Code is not intended to, nor shall it reduce, supersede, diminish or otherwise affect enforcement through the provisions of that Uniform Code or any other Code.

(2) Any condition as described in the Uniform Fire Code. Reference to that Code is not intended to, nor shall it reduce, supersede, diminish or otherwise affect enforcement through the provision of that Uniform Code, or any other Code.

(3) Any building or structure which has been abandoned for a period in excess of 60 days, such that it constitutes an attractive nuisance or hazard to the public, or which has been so damaged by fire, wind, earthquake, flood, neglect or which has become so dilapidated or deteriorated as to:

a. Become an attractive nuisance to children;

b. Become a harbor for a person or persons appearing to engage or engaging in criminal activity; or

c. Enable persons to utilize the property for the purpose of acts threatening safety of oneself, other persons, or the property.

(4) Gasoline service stations which are not in operation and are boarded up, abandoned, or have removed dirt and other materials from the ground and left open excavations, even if the open excavations have been fenced, for a period of 60 days, unless the station has sought and received remediation plans from a local, state or federal agency relative to the management of hazardous or toxic waste and the actions are pursuant to the remediation plan.

(5) Any building or structure which, because of obsolescence, dilapidated conditions, deterioration, damage, unsafe electrical wiring, unsafe gas connections, or other causes, is in such a condition as to constitute a fire hazard.

(6) Where there is any unauthorized accumulation of lumber, junk, garbage, trash, debris, concrete, asphalt, tires or salvage materials over and above the required receptacles or other approved containers, or otherwise in violation of this Code and which are visible from public or private property when the observer is standing in a normal or customary place from which to observe the alleged nuisance or which is found when observed during an inspection pursuant to a warrant. Junk as used herein consists of any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, stored, 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, fiberglass, metal, paper, piles of earth, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance.

(7) Where there is abandoned or unused furniture, appliances, sinks, toilets, cabinets or other fixtures, or equipment stored in a place and which is visible from public or private property when the observer is standing in a normal or customary place from which to observe, or which is found when observed during a consensual inspection or an inspection pursuant to a warrant. This section does not prohibit authorized commercial storage and display of products and/or goods.

(8) Where there is an attractive nuisance to children, including but not limited to, appliances, equipment, machinery, unenclosed pools or ponds, vehicles, uncapped wells or excavations which may be hazardous to children.

(9) Property with dead, decayed, diseased or hazardous trees, weeds that are over 12 inches long, overgrown vegetation, any of the items described herein above which is likely to harbor rats, vermin or other pests, or protrudes over or across a city street or sidewalk so as to substantially obstruct the clear passage of vehicles or pedestrians, or which impairs safe sight distances for the operation of motor vehicles, or otherwise constitutes a blight to the neighborhood.

(10) Any vehicle which is parked upon or protrude over or across a city street, sidewalk, or right of way so as to substantially obstruct the clear passage of vehicles or pedestrians or impair safe sight distances for the operation of other vehicles.

(11) Any vehicle parked or stored upon a yard or unimproved surface in a residentially zoned district.

(12) Where any pooled oil, hazardous or toxic waste substances, or processed water are stored or accumulated in any unapproved container or are in violation of any federal, state, county or city statute; or when any such substance heretofore mentioned is allowed to flow onto a public right-of-way, storm drain, or onto or into any public improvement; or where excessive accumulation of grease or oil on paved surfaces, buildings, walls, fences or other structures has occurred.

(13) Any unpermitted obstruction of or encroachment on public property, including, but not limited to, any public street, highway, sidewalk, curb, gutter, park, building or any other public improvement.

(14) Any abandoned, inoperative, wrecked or dismantled vehicle or parts thereof on private property. The property owner, occupant and registered owner of the vehicle may all be held responsible for a violation of this subsection.

(15) Any building or structure that is marked or defaced with spray paint, dye, or like substance in a manner commonly described as graffiti which is visible from public or private property when the observer is standing in a normal or customary place from which to observe the alleged nuisance or which is found when observed during an inspection pursuant to a warrant. This public nuisance ordinance is not the only regulation regarding the enforcement of anti-graffiti regulations in the City of Sanger. The city may pursue other enforcement options as authorized by state law.

(16) Any building or structure that is maintained in violation of chapter 38, article III Maintenance of Vacant Property or in sections 38-71 to 38 -81 of this Code.

(17) Vacant lots not maintained free of weeds, trash, clutter, litter, junk, discarded vehicles or vehicle parts, or which have become a parking area resulting in dirt/mud tracking onto the public right-of-way.

(18) The occurrence of excessive noise, as defined herein. Excessive noiseas used here is that noise or sound emanating from any property which is loud, unusual or unnecessary and which disturbs the peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area. Excessive noise includes the use or operation of any radio receiving set, television set, musical instrument, phonograph or stereo, or any other machine or device which produces or reproduces sound in such a manner as to unreasonably disturb the peace, quiet and comfort of neighboring residents. Excessive noise also includes the sound, cry, bark or other vocal behavior of any animal or fowl that is kept or maintained, or allowed to be kept or maintained, on any property and which causes two or more persons from residences to complain.

In addition, the following special noise regulations shall constitute nuisances whenever they occur between the hours of 10:00 p.m. and 6:00 a.m. the next morning. This limitation shall extend until 8:00 a.m. on Sunday mornings.

a. Noise from construction activities. It is unlawful for any person within 500 feet from any occupied residence to operate equipment or perform any out-of-doors construction or repair work on any building, structure or other building or repair project.

b. Noise from commercial activities. It is unlawful for any person within 500 feet from any occupied residence to operate equipment, including, but not limited to parking lot cleaning and sweeping machines, leaf blowers, and mowing machines. This section does not prohibit the loading or unloading of commercial vehicles.

c. Noise from vehicles. It is unlawful for any person to violate any section of the Cal. Vehicle Code as to the use of an automobile horn.

(19) Property with the following weeds and dry grass:

a. Weeds which bear seeds of a downy or wingy nature.

b. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a menace to adjacent property.

c. Weeds which are otherwise noxious or dangerous.

d. Puncture vines and tumbleweed.

e. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

f. Dry grass and grass likely to become dry, stubble, brush, litter or other flammable material which endangers the public safety creating a fire hazard, as defined in the Uniform Fire Code as adopted by the city pursuant to article 5 of chapter 10 of this Code.

(20) Dead, decayed or hazardous trees, residue from a fire or demolition such as concrete or brick foundations and flatwork, and which constitute an unsightly appearance, a fire hazard, or are dangerous to public health and welfare.

(21) Yard landscaping that has become so overgrown or uncontrolled as to create a fire hazard, obstruction to traffic or otherwise a blight to the neighborhood.

(22) Any condition recognized in law or in equity constituting a public nuisance.

(23) Any violation of the State Housing Code.

(24) Any violation of the city's zoning ordinance.

(25) Any violation of a Sanger City Code provision which deems certain activities or conditions a public nuisance.

(26) Any violation of any water conservation provision in this Code including but not limited to section 82-78.

(Ord. No. 2021-01, § 2, 3-18-21)

(a) Declaration of public nuisance. Any property found to be maintained, used or allowed to be maintained or used in violation of the foregoing section 38-24.4 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth herein. The declaration of a public nuisance and the procedures for abatement set forth here shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(b) Interference with abatement. Any person who obstructs, impedes, or interferes with any officer, employee, contractor, or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this code, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in the premises is engaged in the work of abating any nuisance as required by the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this Code, is guilty of a misdemeanor.

(Ord. No. 2021-01, § 2, 3-18-21)

Notwithstanding any other remedies available by law and except as otherwise limited by the California Vehicle Code relating to the removal of inoperative, wrecked, dismantled or abandoned vehicles, whenever the city manager has inspected or caused to be inspected any property and has determined that there exists a public nuisance upon the property, the city manager may commence any of the following proceedings, to cause the abatement of the public nuisance:

(1) Issuance of a notice of violation;

(2) Issuance of a notice and order;

(3) Emergency abatement;

(4) Issuance of an administrative citation; and/or

(5) Request the city attorney to institute legal action including but not limited to injunctive or criminal action.

(Ord. No. 2021-01, § 2, 3-18-21)

(a) The city manager, in his or her discretion, may issue a notice of violation letter to the record owner and/or occupant of the property upon which a public nuisance exists. The issuance of a notice of violation is not a prerequisite to any other action, including issuance of a notice and order or administrative citation. The notice of violation is a non-appealable warning with direction to correct the violation. The notice of violation shall include all of the following:

(1) Name of the property's record owner;

(2) Street address of the property in violation;

(3) The Code sections in violation;

(4) A description of the property's condition which violates the applicable codes;

(5) A deadline or specific date to correct the violations listed in the notice of violation; and

(6) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including but not limited to: administrative remedies, criminal prosecution, civil action, administrative abatement, civil penalties, revocation of permits, and/or recordation of the notice of violation.

(b) Service of a notice of violation may be served upon the record owner by personal service or by first class mail with return acknowledgement of receipt. Service is effective on the date of mailing or personal service.

(Ord. No. 2021-01, § 2, 3-18-21)

(a) Issuance. Whenever the city manager has inspected or caused to be inspected any property and has found and determined that conditions consisting a public nuisance exist thereon, the city manager may serve a notice and order. The notice and order shall contain:

(1) The street address and/or assessor's parcel number, sufficient for identification of the property;

(2) Name of the property's record owner;

(3) Reference to all Code section(s) violated together with a brief description of the condition which constitutes the public nuisance;

(4) A reasonable time to secure any required permits, commence and complete required work to permanently eliminate the public nuisance identified in the notice and order;

(5) A statement that materials involved in public nuisances shall be disposed of in a legal manner;

(6) A statement that if the abatement is not commenced and completed within the time specified, the city manager will proceed with further action, including administrative abatement at the expense of the responsible party, and/or administrative citation, and/or legal action;

(7) A statement that any person having any interest in the property or in the materials located thereon has a right to appeal the notice and order, provided the appeal is made in accordance with the provisions of the city's administrative hearing procedures ordinance; and

(8) That a "notice of pending administrative action" may be immediately filed against the property in the office of the county recorder of the County of Fresno. If the notice and order becomes final, as described in this public nuisance ordinance, the notice and order may be recorded against the property in the office of the county recorder.

(b) Service of notice and order.

(1) The notice and order, or any amended notice and order, shall be served upon the following parties: the record owner of the property and any person, entity or corporation occupying or in apparent control of the property.

(2) Service shall be completed by personal service, posting the notice conspicuously on or in front of the property, or by first class mail with return acknowledgement of receipt. Service is effective on the date of mailing or personal service.

(3) Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which the service was made.

(c) Recording. At the time the notice and order is served, the city manager may file in the office of the county recorder, a notice of pending administrative action. If the notice and order becomes final, the city manager shall file in the office of the county recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and the owner has been so notified. Whenever the corrections ordered shall have been completed so that there no longer exists a public nuisance and the property described in the certificate; or the notice and order is rescinded by a hearing officer upon appeal or by a court of law; or whenever the city abates the nuisance and the abatement costs have been paid, the city manager shall file a new certificate with the county recorder that the nuisance has been abated.

(Ord. No. 2021-01, § 2, 3-18-21)

(a) Whenever the city manager determines that a public nuisance is imminently dangerous to life, health, safety or adjacent property such that is requires immediate correction or elimination, the city manager may remove or otherwise abate the public nuisance without prior notice to the responsible person. The city manager shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the nuisance, including but not limited to the following actions:

(1) Remove tall weeds and grass or other material creating an imminent threat to life, health, safety or adjacent property;

(2) Physically remove or eliminate a condition or conditions creating an imminent threat to life, health, safety or adjacent property;

(3) Suspend a particular use of property creating an imminent threat to life, health, safety or adjacent property;

(4) Post the premises as unsafe or dangerous with an order against occupancy and/or use; and/or

(5) Take any other action appropriate under the circumstances.

(b) Upon completion of the emergency abatement, the city manager shall notify the record owner of the property and the occupant if any, of the following:

(1) The property location;

(2) The condition of the property;

(3) The violation;

(4) Any action taken to summarily abate the immediate threat to life, health, safety or adjacent property and the costs incurred therein; and

(5) The right to appeal the action taken by the city manager, in accordance with the appropriate provisions of city law. If no appeal is filed within the time prescribed, the action of the city manager shall be final.

(c) The costs incurred by the city's emergency abatement may be recovered by the city as authorized by this code.

(Ord. No. 2021-01, § 2, 3-18-21)

Any person entitled to service under section 38-24.8B of this Code may appeal from any notice and order pursuant to the city's administrative hearing procedures ordinance set forth in chapter 1, article III of this Code. If no appeal is filed within the time prescribed, the action of the city manager shall be final.

(Ord. No. 2021-01, § 2, 3-18-21)

Upon receipt of a written request from any person required to comply with a notice of violation or final notice and order, the city manager, in his or her discretion, may grant a reasonable extension of time within which to complete the abatement, if the city manager determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The city manager shall have the authority to place reasonable conditions on any extension he or she may grant pursuant to this section.

(Ord. No. 2021-01, § 2, 3-18-21)

(a) After any notice and order issued under this public nuisance ordinance shall have become a final order, either by decision of the hearing officer affirming or modifying the same, or by failure to file an appeal within the time prescribed herein, no person or entity shall fail, neglect, or refuse to obey any such order. Any person or entity who fails to comply with any such order is guilty of a misdemeanor.

(b) If, after the notice and order has become a final order, as described in subsection A above, and the responsible party has failed to timely comply with the final order, the city may:

(1) Issue administrative citations as may be authorized under this Code;

(2) Request the city attorney to exercise his or her discretion in the alternative, or cumulatively, to institute court action;

(3) Proceed with administrative abatement by removing the public nuisance at the expense of the responsible party as provided in the following section or as authorized by state law;

(4) Except where abatement will require the demolition or removal of a structure, the city manager may proceed with administrative abatement by removing the public nuisance at the expense of the responsible party;

(5) Where abatement will require the demolition or removal of a structure, the city or its agent shall not abate the nuisance without first obtaining an order from the city hearing officer. An order approving abatement in such circumstances may be obtained either:

a. After an appeal of the notice and order, if the notice and order is appealed to a city hearing officer and the hearing officer so grants; or

b. By the city scheduling and noticing a nuisance abatement hearing before a city hearing officer.

(6) A notice of a nuisance abatement hearing shall be served in the same manner as the notice and order. The notice shall state the time, place and location for hearing, how the city intends to abate the nuisance, the estimated cost of abatement, including administrative time, and that the abatement will be done at the expense of the owner. The hearing shall be set no earlier than ten calendar days from the date of service. At the time and place set for hearing, the city shall establish the existence of the condition constituting a public nuisance as defined in this public nuisance ordinance, that a notice and order was properly served on the person(s) responsible, that the person(s) have failed to timely abate the nuisance, and that notice of the abatement hearing was properly served on the person(s) responsible. The hearing officer shall make findings regarding the existence of the nuisance, the proper service of the notice and order and the notice of abatement hearing and shall confirm or deny the request to abate. The hearing officer shall follow the procedures set forth in the city's administrative hearing procedures ordinance in chapter 1, article III of this Code

(Ord. No. 2021-01, § 2, 3-18-21)

(a) Abatement of the nuisance may in the discretion of the city manager be performed by city forces or by a contractor retained pursuant to the provisions of this Code or as required by state law.

(b) The city manager or his/her designee may enter upon private property to abate the nuisance. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever the person is engaged in the work of abatement, pursuant to the provisions of this public nuisance ordinance, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this public nuisance ordinance. If an owner, occupant, or agent refuses permission to enter private property to inspect or abate, the city may enter only after seeking an inspection or abatement warrant pursuant to the procedures provided for in the California Code of Civil Procedure. See section 38-24.3B of this Code.

(c) No officer, agent or employee of the city shall be personally liable for any damage incurred or alleged to be incurred as a result of any act required, permitted or authorized to be done or performed in the discharge of his or her duties pursuant to this public nuisance ordinance.

(d) Upon completion of the abatement, the costs of abatement may be collected as authorized by this Code or state law.

(Ord. No. 2021-01, § 2, 3-18-21)

The following provisions shall apply only to the removal of inoperative, wrecked, dismantled or abandoned vehicles, or any part thereof.

(1) If, after inspection, it is determined that there exists an inoperative, wrecked, dismantled or abandoned vehicle in violation of this article, the city manager may issue a notice and order to remove the vehicle or part as a public nuisance. The notice and order shall contain the following:

a. Identification of the property upon which the vehicle(s) is/are located, along with a description of the vehicle(s) or part thereof.

b. A statement advising the property owner and the registered and legal owner of the vehicle of the right to request a hearing within 15 days of the mailing of the notice and order. If a request for hearing is not made within the time provided, the city shall have authority to remove the vehicle(s) or part. The property owner may appear in person or submit a sworn statement denying responsibility for the presence of the violation or part, and explain the reasons for such denial. If the property owner submits that statement within 15 days of the mailing of the notice and order, the statement shall be construed as an appeal which does not require the presence of such property owner.

c. Service of the notice and order shall be mailed registered or certified mail to the owner of the land as shown on the last equalized assessment rule and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

d. A notice and order need not be served if both the owner of the property and the owner of the vehicle or part sign a release authorizing the removal of the vehicle or part and waiving further interest in the vehicle or part.

(2) Once a vehicle is removed, it shall not be reconstructed or made operable unless it is a vehicle that qualifies either for horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code section 5004 in which case the vehicle may be reconstructed or made operable.

(3) If a hearing is held and it is determined that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the owner.

(4) Administration of this ordinance shall be by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from the property may be by any other duly authorized person.

(5) Any person authorized by this article to enforce this article may enter upon private property in accordance with section 38-24.3 (with permission or warrant) for the purposes specified in this article to examine a vehicle or part thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this article. The city or its authorized representatives shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this article.

(6) Within five days of the removal of such inoperative or abandoned vehicle or part, the city shall notify the Department of Motor Vehicles of the State of California identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(7) This public nuisance ordinance is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles with the city. It shall supplement and be an addition to the other regulatory codes, statutes and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction.

(8) A vehicle is deemed "inoperative" if the vehicle is (1) mechanically incapable of being driven; or (2) prohibited from being operated on a public street or highway pursuant to Vehicle Code sections 4000, 5002, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters.

(Ord. No. 2021-01, § 2, 3-18-21)

The provisions of this public nuisance ordinance 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 public nuisance ordinance from any person causing the nuisance.

(Ord. No. 2021-01, § 2, 3-18-21)

(a) The owner or other person having charge or control of any building or premises, who maintains any public nuisance defined in this public nuisance ordinance, or who violates any order of abatement served as provided in this public nuisance ordinance is guilty of a misdemeanor. Each day the violation is committed or permitted to continue after notification to cease and desist shall constitute a separate offense and each subsequent violation shall, upon conviction, be punishable as prescribed by law.

(b) Any occupant or lessee in possession of any building or structure who fails to vacate the building or structure in accordance with an order given as provided in this public nuisance ordinance is guilty of a misdemeanor. Each day the violation is committed or permitted to continue after notification to cease and desist shall constitute a separate offense and each subsequent violation shall, upon conviction, be punished as prescribed by law.

(c) Any person who removes any notice or order posted as required in this public nuisance ordinance, for the purpose of interfering with the enforcement of the provisions of this public nuisance ordinance is guilty of a misdemeanor. Each day the violation is committed or permitted to continue after notification to cease and desist shall constitute a separate offense and each subsequent violation shall, upon conviction, be punishable as prescribed by law.

(Ord. No. 2021-01, § 2, 3-18-21)

The provisions in sections 38-25 to 38-25.6 relate to behavior on real property which constitute public nuisances and shall be referred to as management of real property ordinance.

(Ord. No. 2021-01, § 3, 3-18-21)

(a) Just as the physical conditions of structures and properties within the city can constitute public nuisances, so can too the behavior of persons on properties within the city constitute public nuisances. The abatement of behavioral nuisances is as important to the city in its fight against blight, decay, deterioration and crime as is the abatement of other nuisances created by physical conditions.

(b) The owners of real properties within the city are primarily responsible for monitoring their properties and for taking appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance creating behaviors, or the combination of conditions. Many nuisances can be avoided with active property management. Lack of proper management of real property can create an environment which is conducive to behaviors which become a nuisance with repetition and lack of abatement and corrective measures. If a property owner does not fulfill the owner's responsibilities, it is necessary for the safety, health and welfare of the neighborhoods, and the city as a whole, that the city be able to undertake abatement action.

(c) Nothing in this ordinance exempts property owners from compliance with state or federal laws, including, but not limited to, laws on housing, eviction, retaliatory conduct, discriminatory conduct, or invasion of privacy, nor with city laws relating to housing or relocation.

(Ord. No. 2021-01, § 3, 3-18-21)

(a) The purpose of this management of real property ordinance is:

(1) To set forth and enforce minimum standards relating to the management of activities conducted or conditions on real property to protect the public health, safety and welfare; and

(2) To put in place remedies which will permit the city to take effective, efficient administrative or other legal action against property owners and other responsible parties who cause, permit or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such parties to abate the nuisance creating behaviors or conditions and control the environment, both physical and behavioral, on such real properties.

(3) The provisions of this management of real property ordinance are complementary, cumulative, supplementary, and additional to any other legal remedies available, whether found in this code, state or federal laws, regulations, or case law.

(4) It is not the intent nor purpose of this management of real property ordinance to subject owners or property managers to any legal liability resulting from an occupant's actions away from an occupant's residence, unless it can be shown that the problem occupant is also creating a nuisance or committing a crime at the occupant's residence.

(Ord. No. 2021-01, § 3, 3-18-21)

Habitual shall mean patterns or occurrences evidenced by frequent repetition or regularity, or that evidence a mode of practice or usage.

Occupant shall mean any person or entity in actual possession of or inhabiting real property.

Owner and property owner shall mean the owner or owners of record of the subject real property as shown on the latest equalized assessment role of Fresno County or as otherwise actually known to the director.

Property manager shall mean a third party hired or retained by an owner or occupant to engage in the operation, control, or oversight of real property.

Real property shall mean any lot or parcel of land for which the owner has legal ownership or exercises custody or control thereof.

Responsible parties under this management of real property ordinance shall include owners; occupants; property managers; and homeowners' associations, in the case of condominium developments.

(Ord. No. 2021-01, § 3, 3-18-21)

(a) Every responsible party owning, possessing, or having charge or control of real property within the city is required to manage that property and control the environment thereon in a manner so as not to violate the provisions of this management of real property ordinance, and every responsible party shall, in the discretion of the hearing officer, be jointly and severally liable for violations thereof regardless of any contract or agreement among them or with any third party regarding the property.

(b) Every responsible party is required:

(1) To comply with all laws applicable to the property.

(2) To supervise anyone utilizing, using, or occupying the property, with or without the consent of the owner, consistent with this management of real property ordinance.

(3) To maintain the property in a manner so as not to violate the provisions of this management of real property ordinance. Nothing in this ordinance is intended to replace or supersede the routine interior inspection program by which the city enforces state and local standards of habitability for rental housing.

(Ord. No. 2021-01, § 3, 3-18-21)

It is hereby declared a public nuisance and a violation of this management of real property ordinance for the owner, whether through the owner or owners' agent, lessee, sublessor, sublessee, or occupant or responsible party of any premises in the city to permit, with actual or constructive knowledge, any of the following activities to habitually occur on the real property of the owner:

(1) The illegal sale, use or possession of controlled substances or other illegal drugs and substances.

(2) The gathering, or coming and going, of people who have an intent to purchase or use controlled substances on the premises.

(3) The occurrence of prostitution.

(4) Unlawful activities of a criminal street gang (as defined in Penal Code section 186.22).

(5) The making or continuing, or causing to be made and continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing on the property or in the area. The standards set forth in Sanger City Code section 38-24.4A.18 shall be utilized in determining whether a violation of this subsection exists.

(6) The unlawful discharging of a firearm or brandishing of a weapon by any person.

(7) The frequent response by the Sanger Police Department to the real property or the adjacent area (but not the real property of another) as a result of any person or persons causing any combination of the following calls as indicated in the City of Sanger Police Department Call Type Identifier:

a. Animal complaints or disturbances, including but not limited to competitive fighting between animals.

b. Violent criminal acts, charged or not, including, but not limited to rapes, assaults, battery, homicides and/or shootings.

c. Illegal consumption of intoxicants in public view.

d. Gaming activities.

e. Juvenile disturbances.

The term "frequent" as used in this subsection means such response is occurring more than two times than the average number of such responses for property of a similar size in character in the same "policing beat" established by the police chief.

(Ord. No. 2021-01, § 3, 3-18-21)

The owner and/or responsible persons who maintain any public nuisance defined in this public management of real property ordinance is guilty of a misdemeanor. Each day the violation is committed or permitted to continue after notification to cease and desist shall constitute a separate offense and each subsequent violation shall, upon conviction, be punishable as prescribed by law.

In addition to the above, the city manager or his/her designee may: issue administrative citations as may be authorized under this Code; request the city attorney to exercise his or her discretion in the alternative, or cumulatively, to institute court action; and/or proceed with administrative abatement by removing the public nuisance at the expense of the responsible party as provided in the city's public nuisance and abatement ordinance.

(Ord. No. 2021-01, § 3, 3-18-21)