Selma Municipal Code Ch. 7 Property Maintenance

The provisions of this Chapter shall apply to all properties, structures and dwellings, or portions thereof within the City. (Ord. 95-7, 8-7-95)

(A) Any person, firm, corporation or organization violating any provision of this Chapter shall be guilty of a misdemeanor or, at the discretion of the City Attorney, an infraction. A person, firm, corporation or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Chapter is committed, continued or permitted by the person, firm, corporation or organization.

(B) Penalties for infractions shall be set by resolution of the City Council. The City Council shall periodically review the penalties for infractions and set new penalties by resolution as required to maintain the effectiveness of this Chapter.

(C) All remedies provided for herein shall be cumulative and exclusive. (Ord. 95-7, 8-7-95)

Notwithstanding anything set forth or provided for in this Chapter, if other provisions of the Municipal Code, or other applicable laws, rules, or regulations, are more restrictive than the provisions set forth in this Chapter, then the other such laws, rules, or regulations shall be applicable. (Ord. 95-7, 8-7-95)

This Chapter is not an exclusive regulation of nuisances, unsafe structures and housing within the City. It shall supplement and be in addition to all other regulatory laws, codes or ordinances. (Ord. 95-7, 8-7-95)

All property within the City shall be maintained in accordance with the following minimum standards:

(A) No dangerous building or structure shall be kept upon any property.

(B) No abandoned buildings, partially destroyed, or partially constructed or uncompleted buildings after building permits have expired shall be kept upon any property.

(C) Buildings shall be maintained in a condition such that deteriorated or peeling exterior treatments shall not permit the effects of the sun and water penetration to cause or encourage decay, dry rot, warping, cracking or similar deterioration of the building.

(D) All windows, doors, attic vents, underfloor vents and similar building features shall be maintained in an unbroken state.

(E) All fences and walls shall be maintained in good repair and in a safe condition.

(F) All landscape and yard areas shall be maintained in accordance with the following standards:

1. All landscaped areas, trees, shrubs and decorative plants shall be maintained in a manner which is consistent with other similar areas within the neighborhood.

2. No lawns visible to the public right of way shall be maintained with grass in excess of ten inches (10") in height. No lawn shall be kept in a condition which would cause it to become a potential fire hazard.

3. Vegetation shall be maintained in a manner such that it will not attract vermin.

4. Dead, dying or diseased trees and shrubbery should be removed.

(G) Lumber or salvage materials shall not be stored in any area which is visible to public streets or neighboring properties at ground level. These items may be kept on commercial and industrial properties provided they are screened from view at ground level from adjacent properties and public rights of way, and all approvals required by title XI of this code have been attained and any conditions of approval have been complied with.

(H) Junk, trash, rubbish, garbage, vegetation clippings or debris shall not be stored on any property for more than one hundred forty four (144) hours, except during construction activity. Materials may be stored for recycling purposes providing that the materials shall be screened from public view and shall not be collected in any quantity or fashion which may create an unsafe condition.

(I) No abandoned, discarded or unused furniture, household appliances, household fixtures or similar equipment shall be kept on any residential property. These items may be kept on commercial and industrial properties provided they are screened from view at ground level from adjacent properties and public rights of way, and all approvals required by title XI of this code have been attained and any conditions of approval have been complied with.

(J) No abandoned, wrecked, or dismantled vehicles shall be kept on any residential property for more than seventy two (72) hours. These items may be kept on commercial and industrial properties provided they are screened from view at ground level from adjacent properties and public rights of way, and all approvals required by title XI of this code have been attained and any conditions of approval have been complied with.

(K) No used vehicle tires, discarded parts or portions of vehicles shall be kept on any residential property for more than seventy two (72) hours. These items may be kept on commercial and industrial properties provided they are screened from view at ground level from adjacent properties and public rights of way, and all approvals required by title XI of this code have been attained and any conditions of approval have been complied with.

(L) No storage of dirt, stone, bark or similar materials shall be permitted on any residential property, except temporary storage during construction or installation of landscaping. (Ord. 95-7, 8-7-1995)

(M) All buildings and structures shall be kept free of any defacing due to graffiti. The owner shall remove graffiti within forty eight (48) hours of written notification by city officials. If after written notification the owner fails to remove the graffiti, the city may remove the graffiti. In the event the city removes the graffiti, the city may place a lien against the property for the full cost of such removal. In the event the city places a lien on the property, it shall serve a notice of assessment on the owner in accordance with subsection 8-7-6(B)3(b) of this chapter. (Ord. 2005-9, 10-3-2005)

(N) No hanging and/or drying of laundry shall be permitted in any required front or side yard which is visible from a public right of way. No laundry shall be hung on a fence at any time.

(O) Hazardous materials shall be stored in proper containers and shall not be stored in quantities in excess of three (3) gallons on residential property at any time. No hazardous materials shall be dumped or stored in a condition such that it will cause ground contamination on any residential, commercial or industrial property. (Ord. 95-7, 8-7-1995)

(A) Dangerous and unsafe structures. See title IV of this code.

(B) Nuisance abatement other than dangerous and unsafe structures.

1. First And Second Offense For Similar Nuisance:

(a) Notice: Upon identification of a violation of this chapter, the community development director or his authorized representative shall issue a notice to the occupant of the property, if any, and mail a copy of the notice to the owner of the property as shown on the latest tax assessment rolls of the Fresno County assessor. A copy of the notice shall be kept by the community development department. The notice shall contain the following information:

(1) The location of the subject property by street number and/or the approximate location of the property if no street address is available.

(2) A description of the nuisance.

(3) A direction to abate the nuisance within fifteen (15) days from the date on the notice.

(4) A statement that the owner of the property may appeal the notice to the Planning Commission within ten (10) days of the date shown on the notice. In the event of an appeal, the owner shall be responsible for paying all applicable fees required for processing an appeal. If the appeal is successful, any fees paid to the City for processing the appeal shall be refunded.

If significant progress is being made to abate the nuisance or an unusual hardship would be created by strict imposition of the fifteen (15) day abatement period, the Community Development Director may at his discretion extend the time allowed to abate the nuisance up to fifteen (15) additional days.

(b) Citation: If the nuisance has not been abated prior to the deadlines stated in subsection 8-7-6(B)(1)(a), then the Community Development Director or his authorized representative shall issue a citation for an infraction, unless a determination has been made by the City Attorney that a misdemeanor charge is more appropriate. The citation shall be issued to the property owner where the nuisance exists by certified mail or by personal delivery to the owner. If the property has an occupant other than the owner, a copy of the citation shall also be posted at the property or delivered to the occupant. The citation shall contain the following:

(1) The location of the subject property by street number and assessor parcel number.

(2) A description of the nuisance and the applicable Municipal Code section.

(3) A notice to appear before the Municipal Court at a specified date and time.

(4) A statement that the City may cause the abatement of the nuisance and the cost of the abatement shall be a lien against the property.

A copy of the notice shall be kept by the Community Development Department. The address of the owner shall be taken from the latest County Assessor's office tax roll.

(c) Abatement Prior To Court Date: If the nuisance is abated prior to the date shown on the citation for a court appearance, the property owner or his representative may contact the Community Development Director for an inspection of the property. If the Director finds that the nuisance has been abated, then the Director or his authorized representative shall transmit such information to the Municipal Court to have the citation dismissed.

(d) Municipal Court: The owner shall be required to appear before the Municipal Court for a hearing by that Court if the citation has not been dismissed and received by the Court prior to the hearing date. In addition to any action required to abate the nuisance, the Court may impose fines in accordance with the adopted fine schedule and levy any court costs as may be required by the Court.

2. Third And Subsequent Offenses For Similar Nuisances: Third and subsequent offenses shall follow the procedures stated above except, that there shall be no courtesy notice issued and the abatement procedures shall begin with the issuance of a citation.

3. The City may abate the nuisance, provided that notice has been given as set forth above. In the event the City abates the nuisance, the City may place a lien against the property for the full cost of the abatement. In accordance with California Government Code section 38773.7, the City may require the owner to pay treble the costs of abatement, upon entry of a second or subsequent civil or criminal judgment within a two (2) year period. The process for recovering expenses for abatement by the City shall be as follows:

(a) Recovery Of Costs: Any costs incurred by the City shall be recovered through a lien against the property. Recoverable costs shall include, but not be limited to, staff time, materials and cost of abatement by third parties under contract to the City. An accurate record of the expense incurred by the City shall be maintained.

(b) Notice Of Assessment: The notice of assessment shall be served in the same manner as a summons in a civil action in accordance with article 3 commencing with section 415.10 of chapter 4 of title 5 of part 2 of the California Code for Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof upon the property for a period of ten (10) days and publication thereof in the Selma Enterprise at least one time. The notice shall contain the following information:

(1) The amount of the lien, the date of the abatement order, the street address, the legal description, assessor's parcel number of the parcel which the lien is imposed, the name and address of the recorded owner of the property and the mailing address of the City.

(2) A statement that the cost will become a lien against the property unless paid within sixty (60) days of the date of the assessment notice.

(3) A statement that if the owner objects to the assessment as indicated, an appeal may be filed with the City Clerk within thirty (30) days of the assessment notice.

(4) The nuisance abatement lien will be recorded in the Fresno County Recorder's Office and from the date of recording shall have the full force, effect and priority of a judgment lien.

(c) Hearing On Objections: If the owner files an objection within the thirty (30) day time period, then the City Clerk shall cause the objection to be placed on the next regular City Council meeting agenda, providing that is at least ten (10) days notice may be given. The City Council shall review the evidence and any testimony given at the meeting and make a determination on the assessment. The action of the City Council shall be final.

(d) Any assessment for nuisance abatement shall be as determined by the City Council by a resolution. (Ord. 95-7, 8-7-95)

ABANDONED BUILDING OR STRUCTURE: Any building or structure which has not been actively utilized for a lawful purpose, which has not been maintained, and which has not been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than ninety (90) days.

BUILDING: A permanently located structure having a roof. House trailers and other vehicles as regulated under the California Vehicle Code.

BUILDING OFFICIAL: The Building Official of the City of Selma or his designated representative.

DANGEROUS BUILDING OR STRUCTURE: Any building or structure which is in a condition such that the life, health, property or safety of the public or its occupants may be endangered shall be a dangerous building or structure.

DIRECTOR: The Community Development Director of the City of Selma or his authorized representative.

JUNK, RUBBISH, OR TRASH: Any unusable or discarded items not being used for the original purpose for which they were constructed. The terms shall also include used items which may be recycled.

NUISANCE: The following shall be defined as public nuisances for the purposes of this Chapter:

(A) Any public nuisance known at common law or in equity jurisprudence.

(B) Any dangerous building or structure.

(C) Any property or building not maintained in accordance with the standards set forth in Section 8-7-5 of the Municipal Code.

(D) Any condition related to real property which may pose a threat to the life, health, property or safety of the public or its occupants. (Ord. 95-7, 8-7-95)