Simi Valley Municipal Code Ch. 36 Property Maintenance

Over the past several years, various neighborhoods and areas in the City have witnessed a marked decline in the maintenance and appearance of a number of parcels of real property. These deteriorated properties have become eyesores, have adversely affected adjacent property values, and have had a negative impact on the quality of life in the City. This chapter is intended to address egregious cases of inadequate property maintenance while balancing that effort with the rights of the owners of private property. In pursuit of that intent, this chapter is to establish enforceable minimum maintenance standards for single-family residential, multi-residential, commercial, and industrial properties for each of the following purposes:

(a) To enhance and promote the maintenance of real property, improve the liveability, appearance, and the social and economic conditions of the community;

(b) To ensure that real properties do not reach a state of deterioration or disrepair so as to cause the depreciation of the value of surrounding property or be materially detrimental to nearby properties and improvements; and

(c) To establish standards for property maintenance that reasonably relate to the proper exercise of police power to protect the health, safety, and general welfare of the public.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Except as otherwise defined in this chapter, all terms used in this chapter which are defined by applicable State law, the Uniform Building Code, or this Code, are used in the chapter as so defined, unless from the context it clearly appears that different meaning is intended. Where terms are not defined, they shall have their ordinarily accepted meanings within the context that they are used. Webster's 3rd New International Dictionary of the English Language, Unabridged, Copyright 1986, shall be considered as providing the ordinarily accepted meaning.

(a) "Abatement costs and administrative expenses" shall mean the actual expenses and costs of the City in preparing notices, specifications, and contracts; in conducting inspections; for legal fees; and for other related costs incurred in enforcing the provisions of this chapter, as well as reasonable costs to abate the nuisance.

(b) "Attractive nuisance" shall mean any condition, instrumentality, or machine that is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it.

(c) "Director of Community Services" or "Director" shall mean the Director of the City of Simi Valley Community Services Department or his or her designated representative.

(d) "Improved surfaces" shall mean man-made areas such as walkways, parking areas, and driveways and shall be constructed of materials such as, but not limited to, asphalt, concrete, gravel, or stone pavers. Improved surfaces shall not include lawns or bare dirt.

(e) "Landscaping" shall mean lawns, trees, plants or other decorative features such as ponds, fountains, and rocks.

(f) "Multi-residential property" shall mean a building containing four (4) or more approved residential units.

(g) "Owner," "landowner," or "property owner" shall mean any person having a legal or equitable interest in the property.

(h) "Person" shall mean an individual, partnership, corporation, association or organization, or the agent of the foregoing.

(i) "Single-family residential property" shall mean a building containing three (3) or less approved residential units.

(§ 3 (part), Ord. 921, eff. July 2, 1998, as amended by § 5, Ord. 1095, eff. July 19, 2006)

All landscaping and parking surfaces, including striping, of properties which were developed pursuant to a permit shall be maintained, replaced, or repaired by the owner as originally permitted, as subsequently modified with City approval, or in accordance with the minimum standards of this Code.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Any person owning, renting, occupying, or having charge of any single-family residential property, or any homeowners' association responsible for maintenance of property, shall maintain the property in accordance with the following minimum standards. Failure to comply with any of these minimum standards shall constitute a violation of this Code.

(a) Except for walks and driveways, all front, rear, and side yards shall be landscaped with trees, shrubs, ground cover, plants, flowers, decorative rock, redwood bark, and/or lawn.

(b) All landscaping shall be regularly maintained, including but not limited to irrigation, pruning of trees, trimming of shrubs, and cutting of lawns.

(c) Property shall be free of overgrown or dead vegetation, including but not limited to lawns, weeds, trees, limbs, or leaves. Weeds include sage brush, dry grass, chaparral, and any other brush or vegetation which becomes a fire menace when dry.

(d) Property shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, salvage materials, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use), including but not limited to, furniture on porches, balconies, sun decks, and all yards, and any other personal property causing an unsightly appearance or nuisance.

(e) All improvements on the property, including but not limited to buildings, garages, carports, porches, gates, fences, walls, doors, windows, roofs and gutters, basins, and drainage facilities shall be painted/preserved and maintained in good repair and safe condition free of significant surface cracks, missing materials, warping, or dryrot. Paint or preservatives shall not be in a state of peeling or cracking. Awnings shall be free of tears or rips.

(f) Walkways on private property, driveways, and other improved surfaces shall be maintained in good repair and safe condition.

(g) Property shall be free from infestation of termites, insects, vermin, or rodents.

(h) Swimming pools and spas shall be maintained in a good condition, being regularly treated with chlorine or bromine compounds or other methods to prevent the deterioration of the pool or spa or its contents.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Any person owning multi-residential, commercial, or industrial property, or any homeowners' association responsible for maintenance of property, shall maintain the property in accordance with the following minimum standards. Failure to comply with any of these standards shall constitute a violation of this Code.

(a) Except for walks and driveways, all front, rear, and side yards shall be landscaped with trees, shrubs, ground cover, flowers, plants, decorative rock, redwood bark and/or lawn. Where applicable, landscaping shall be in accordance with approved plans.

(b) All landscaping shall be regularly maintained, including but not limited to irrigation, pruning of trees, trimming of shrubs, and cutting of lawns.

(c) Property shall be free of overgrown or dead vegetation, including but not limited to lawns, weeds, trees, limbs, or leaves. Weeds include sage brush, dry grass, chaparral, and any other brush or vegetation which becomes a fire menace when dry.

(d) Property shall be free of trash, litter, debris, packing boxes, solid waste, lumber, construction material, and salvage materials (except where otherwise permitted by this Code), any furniture (except for furniture specifically designed for outdoor use), broken or inoperative furniture, appliances, machinery and equipment, and any other personal property causing an unsightly appearance or nuisance.

(e) All improvements on the property, including but not limited to buildings, structures, storage areas, gates, fences, walls, windows, signs, roofs, gutters, basins, and drainage facilities shall be painted/preserved and maintained in good repair and safe condition free of significant surface cracks, missing materials, warping, or dryrot. Paint or preservatives shall not be in a state of peeling or cracking. Awnings shall be free of tears and rips.

(f) Walkways on private property, driveways, and all improved surfaces shall be maintained in good repair and safe condition.

(g) Property shall be free from infestation of termites, insects, vermin, or rodents.

(h) Swimming pools and spas shall be maintained in a good condition, being regularly treated with chlorine or bromine compounds or other methods to prevent the deterioration of the pool or spa or its contents.

(i) All signs and sign structures shall be maintained in a good state of repair. Signs with broken frames and mounting brackets, missing or broken panels, missing or unreadable text or graphics, burned out lights, peeling paint, rusted, or bent structural members shall be deemed not to be in a good state of repair.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Notwithstanding the provisions of Section 4-1.03, Abandoned service stations, all vacant improved properties shall be maintained in compliance with the same standards applicable to occupied properties, including expeditious repair, reconstruction, or demolition of buildings and structures partially damaged or destroyed. Expeditious repair, reconstruction, or demolition shall require such work to commence within ninety (90) days of the event giving rise to the damage, and completion of such work within six (6) months of such event. In addition, the following restrictions shall apply:

(a) Windows shall not be boarded up for more than ninety (90) consecutive days unless an extension of that period is issued by the Director of Community Services based on extenuating circumstances. Extenuating circumstances shall be deemed to exist where the delay is caused by a party other than the owner of the property, or delays otherwise caused by factors beyond the reasonable control of the owner of the property.

(b) Improved surfaces shall be maintained so as to prevent the presence of weeds.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Any landowner or person leasing, occupying, directly controlling, or having possession of any property in this City in violation of Sections 5-36.103 through 5-36.106 of this chapter, shall be declared to be maintaining a public/attractive nuisance. It shall not be the intent of the City that this chapter shall preempt any private nuisance action or any and all other legal remedies available to private parties to abate such nuisances.

(§ 3 (part), Ord. 921, eff. July 2, 1998, as amended by § 6, Ord. 1095, eff. July 19, 2006)

Whenever the Director of Community Services has inspected and finds that conditions constituting a public nuisance exist thereon, the Director may use the procedures set forth in this chapter to abate such nuisance as authorized by law.

(a) The Director of Community Services shall issue a Notice and Order, and mail a copy of such Notice and Order to the landowner and the person, if other than the landowner, occupying or otherwise in real or apparent charge and control of the property. The Notice and Order shall contain:

(1) The street address and a legal description sufficient for identification of the property on which the condition exists,

(2) A statement that the Director of Community Services has determined that a public nuisance is being maintained on the property, with a brief description of the conditions that render the property a public nuisance,

(3) An order to secure all appropriate permits and to physically abate the described conditions within the specified number of days from the date of service of the Notice and Order,

(4) A statement advising that the disposal of material involved in public nuisances shall be carried forth in a legal manner,

(5) A statement advising that if the described conditions are not abated within the time specified, the Director of Community Services may proceed, as authorized by law, to cause the work to be done, and bill the persons named in the notice for the abatement costs and administrative expenses and/or levy the costs against the property,

(6) A statement advising that any person having any interest or recorded title in the property may appeal the Notice and Order to the City Manager or his or her designee within ten (10) days from the date of mailing of the Notice and Order; and

(b) The Notice and Order, and any amended Notice and Order, shall be served by the following method:

(1) Personal service, or

(2) First Class (regular) mail, or

(3) Certified mail, postage prepaid, return receipt requested to each person as required pursuant to the provisions of subsection (a) of this section at the address as it appears on the last equalized assessment roll of the County, and as known to the Director of Community Services. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. If notice is sent by certified mail, the same notice shall be sent simultaneously by first-class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned or stated as undeliverable by the U.S. Post Office;

(4) Service by certified or regular mail in the manner described above shall be effective on the date of mailing,

(5) The failure of the person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code. If the address of the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days;

(c) 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 service was made.

(§ 3 (part), Ord. 921, eff. July 2, 1998, as amended by § 7, Ord. 1095, eff. July 19, 2006 and § 2, Ord. No. 1267, eff. March 9, 2017)

Upon receipt of a written request from any person required to comply with the order, the Director of Community Services may grant an extension of time within which to complete the abatement, if the Director determines that such an extension of time will not create or perpetuate imminent danger to life or property. The Director of Community Services shall have the authority to place reasonable conditions on any such extensions.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Any person aggrieved by the action of the Director of Community Services in issuing a Notice and Order pursuant to the provisions of this chapter may appeal such notice to the City Manager or his or her designee. If no appeal is filed within ten (10) days of date of mailing of the Notice and Order, the order of the Director of Community Services shall be final. Revocation of the Notice and Order by the City Manager or his or her designee or voluntary abatement of the nuisance either on or prior to the Notice and Order due date, and any authorized extensions thereto, shall cause the case to be closed.

(a) Appeals shall set forth the following information:

(1) The street address or assessor's parcel number of the property in question;

(2) The specific facts that justify the appellant's contentions; and

(3) The appellant's name, an address to send all notices, and a daytime telephone number to contact appellant or leave messages for appellant.

(b) The Director of Community Services shall notify the appellant of the time and place for the appeal and shall conduct the appeal within a reasonable time but not less than five (5) calendar days after receipt of the appeal.

(c) The City Manager or his or her designee shall consider all material evidence that a reasonable person would normally rely upon to make a significant decision.

(d) The City Manager or his or her designee shall make written findings and render a decision as to whether or not the property constitutes a public or attractive nuisance and, if so, when such condition(s) must be abated.

(e) All decisions by City Manager or his or her designee shall be final decisions of the administrative power of the City and not subject to further appeal.

(§ 3 (part), Ord. 921, eff. July 2, 1998, as amended by § 8, Ord. 1095, eff. July 19, 2006)

Should the nuisance not be abated in conformance with the Notice and Order, abatement of the nuisance may be performed, in the discretion of the Director of Community Services and as authorized by law, by the City, by a contractor retained pursuant to the provisions of this Code, or the abatement of the nuisance may be accomplished in any other manner authorized by law.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

The Director of Community Services may enter upon private property to abate the nuisance as authorized by law. No person shall obstruct, impede, or interfere with any officer, employee, contractor, or authorized representative of the City whenever such person is engaged in the work of abatement, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work, as authorized or directed pursuant to this chapter.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Whenever the Director of Community Services determines that a public nuisance is so imminently dangerous to life or property that such condition must be immediately corrected or isolated, the Director, in consultation with the Building Official or other official as determined by the circumstances, may institute the following procedures:

(a) Notice. The Director of Community Services shall attempt to make contact through a personal meeting, or by telephone, with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, the Director of Community Services shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired, or isolated so as to preclude harm to any person or property.

(b) Abatement. In the event the Director of Community Services is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Director of Community Services, do not take action as specified by such official, within twenty-four (24) hours or such lesser time as circumstances may warrant in the discretion of the Director, then the Director may take all steps necessary to remove or isolate such dangerous condition, or conditions, with the use of City forces or a contractor retained pursuant to the provisions of this Code.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

Whenever a public nuisance as defined in this chapter is found to exist as a result of an inspection, the reasonable administrative expenses as determined by the City Council and actual abatement costs, as set by City Council resolution, shall be paid by the property owner. The City Council shall, from time to time, determine and fix an amount to be assessed as administrative expenses and abatement costs for violations of this chapter.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

The Director of Community Services shall keep an itemized account of the abatement costs and administrative expenses incurred by the City in the abatement of any public nuisance under this chapter. Upon completion of the abatement work, an itemized account of the abatement costs and administrative expenses must be served upon the property owners, together with a notice of the time when such costs shall be heard by the City Council for confirmation if payment is not received. Proof of service shall be made by affidavit filed with the City Clerk. Property owners shall be liable for such costs and expenses and the amount of such costs and expenses shall be a debt owed to the City. Such payment shall be due to the City within thirty (30) days from servicing in accordance with procedures specified herein. In the event of nonpayment, the Director of Community Services shall prepare a report to the City Council itemizing the work done; the abatement costs and administrative expenses; a description of the real property; and the name(s) and address(es) of the property owner(s) serviced pursuant to this chapter.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

When any costs calculated pursuant to this chapter remain unpaid for a period of thirty (30) days or more after the date of service, the Director of Community Services may forward the abatement costs and administrative expenses report described in Section 5-36.115 of this chapter to the City Council for confirmation.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

The City Council shall consider the report of the Director of Community Services, together with any correspondence and testimony that have been provided. The City Council may make such revision, correction, or modification to the report as it may deem just, and when the City Council is satisfied with the correctness of the calculation, the report, and proposed cost calculation, as submitted or as revised, corrected, or modified, shall be confirmed. The decision of the City Council on the report and the cost calculation shall be final and conclusive.

(§ 3 (part), Ord. 921, eff. July 2, 1998)

(a) Notice of lien. Immediately upon the confirmation of the cost calculation by the City Council, the Director of Community Services shall execute and file in the office of the County Recorder a certificate in substantially the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the Director of Community Services by the provisions of the Simi Valley Municipal Code, said Director of Community Services, on or about the _____ day of ________, 20___, caused the abatement of a nuisance on real property at (Assessor's Parcel Number_____), and the City Council for the City of Simi Valley, on the _____ day of ________, 20___, assessed administrative expenses and abatement costs upon said real property and the same has neither been paid nor paid in full. The City of Simi Valley hereby claims a lien on said real property for the net expense of the administrative expenses and abatement costs in the amount of $_____. This amount shall be a lien upon said real property until the sum has been paid in full and discharged of record.

Dated: This _____ day of 20___

DIRECTOR, COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SIMI VALLEY (ACKNOWLEDGMENT)

(b) Recordation. Immediately upon the recording of the notice of lien, the cost calculation shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of State and local taxes.

(§ 3, Ord. 921, eff. July 2, 1998)

(a) Cost calculation. The notice of lien, after recording, shall be delivered to the County Auditor of Ventura County, who shall enter the amount of the respective cost calculations to the next regular tax bills levied against the respective lots and parcels of land, and thereafter, the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes, or after recordation, the lien may be foreclosed by judicial or other sale in a manner and means provided by law.

(b) Release of lien. Immediately upon the confirmation of the full amount of the said cost calculation was placed on the tax roll for the fiscal year by the County Auditor of Ventura County, the Director of Community Services shall execute and file in the office of the County Recorder of Ventura County a certificate in substantially the following form:

RELEASE OF LIEN

Pursuant to the authority vested in the Director of Community Services by the provisions of the Simi Valley Municipal Code, said Director of Community Services, on or about the _____ day of ________ 20___, caused the abatement of a nuisance on real property at _____ (Assessor's Parcel Number _____), and the City Council of the City of Simi Valley did, on the _____ day of ________ 20___, confirm the cost of such abatement upon the real property and, the same having not been paid, the City of Simi Valley did place a lien for such abatement in the amount of $_____ on the real property; and on the _____ day of ________ 20___, recorded a lien with the Ventura County Recorder, Document No._____; and by virtue of the fact that the full amount of the said cost calculation was placed on the tax roll for the Fiscal Year _____ by the County Auditor of Ventura County at the request of the City of Simi Valley on the _____ day of ________ 20___, and the claim will be satisfied when those taxes are collected, the City hereby releases said lien.

Dated: This _____ day of 20___

DIRECTOR, COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SIMI VALLEY (ACKNOWLEDGMENT)

(§ 3, Ord. 921, eff. July 2, 1998)

An owner or other person who has an interest in the property subject to any proceeding hereunder shall bring judicial action to contest such decision within ninety (90) days after the date of such decision or report pursuant to California Code of Civil Procedure Section 1094.6. Otherwise, all objections to such decision or report shall be deemed waived.

(§ 3, Ord. 921, eff. July 2, 1998)

Nothing in this chapter shall prevent the City Council from authorizing the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable provisions of the laws of the State as an alternative to the proceedings set forth in this chapter.

(§ 3, Ord. 921, eff. July 2, 1998)

Enforcement of this chapter may be accomplished by the Director of Community Services in any manner authorized by law. The procedures set forth in this chapter 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.

(§ 3, Ord. 921, eff. July 2, 1998)

(a) The owner or other person having charge or control of any such buildings or premises who maintains any nuisance defined in this chapter, or who violates any order of abatement served as provided in this chapter, is guilty of a misdemeanor or infraction.

(b) Any person or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with an order given as provided in this chapter, is guilty of a misdemeanor or infraction.

(c) Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, is guilty of a misdemeanor or infraction.

(d) Any person who obstructs, impedes, or interferes with any representative of a City department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated, or demolished, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this chapter when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance, is guilty of a misdemeanor or infraction.

(§ 3, Ord. 921, eff. July 2, 1998)

Violations as a misdemeanor or infraction. Violations of this chapter may, in the City Attorney's discretion, constitute either a misdemeanor, an infraction, or may constitute a citable offense or any combination thereof. In addition, violations of this chapter may result in the payment of fines and penalties by the property owner as established by City Council resolution.

(§ 3, Ord. 921, eff. July 2, 1998)