South Pasadena Municipal Code Art. VIII Maintenance of Buildings and Lots

The purpose of this article is to promote the public health, safety and welfare by requiring a minimum level of maintenance of private property to protect the livability, appearance and social and economic stability of the city and to protect the public from the health and safety hazards and the impairment of property values that result from the neglect and deterioration of property. (Ord. No. 2116, § 1.)

Any property that is a blighted property pursuant to the provisions of this article is hereby declared and determined to be a public nuisance. (Ord. No. 2116, § 1.)

(a) No person, whether as owner, agent, manager, operator, lessee, tenant, sublessee, or occupant in possession of a property, shall maintain that property as a blighted property or cause or permit that property to be maintained as a blighted property.

(b) No person, whether as owner, agent, manager, operator, lessee, sublessee, tenant or occupant of a property, shall take any action or allow any action to be taken at that property in violation of any provision of this article or any order issued pursuant to the provisions of this article. (Ord. No. 2116, § 1.)

(a) The city manager is authorized to administer and enforce the provisions of this article. All enforcement officers to whom the city manager has delegated enforcement responsibilities are authorized to inspect property and take any other actions as may be required or appropriate to administer or enforce the provisions of this article.

(b) Every person shall comply with the provisions of this article. Any person who violates any provision of this article shall be subject to enforcement procedures for each violation through any lawful means available to the city, including without limitation, institution of an administrative citation in accordance with Chapter 1A of this Code, nuisance procedures in accordance with Chapter 24 of this Code, institution of a criminal citation as a misdemeanor or infraction in accordance with Chapter 1 of this Code, and if the condition constitutes a violation of a uniform code adopted by the city, it may be enforced in the manner prescribed therein. (Ord. No. 2116, § 1.)

Whenever the city manager or any person authorized by the city manager to enforce the provisions of this article determines that a property is blighted property, the city manager or designee may require or take any necessary abatement or other enforcement actions to cause the property blight to be abated in accordance with the provisions of this Code, or any other lawful means. The city manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted. (Ord. No. 2116, § 1.)

Any property on which there exists any one or more of the conditions or activities described in this article is a blighted property. (Ord. No. 2116, § 1.)

An unsecured building or structure is a blighted property. A building or structure is unsecured when either of the following conditions exist:

(a) The building or structure is inhabited, occupied or used without the consent of the owner of the property, building or structure or an agent of the owner; or

(b) Unauthorized persons can readily gain entry to the building or structure without the consent of the owner or agent of the owner. (Ord. No. 2116, § 1.)

A partially constructed, reconstructed, or demolished building or structure upon which work has been abandoned constitutes property blight. Work is deemed abandoned when there is no valid and current building or demolition permit for the work or when there has not been any substantial work on the building or structure for a period of six months or more. (Ord. No. 2116, § 1.)

Any property that is unsecured and constitutes an attraction to children or a harbor for vagrants, criminals or other unauthorized persons, or is in a condition such that persons can resort thereto for the purpose of committing a nuisance or unlawful act constitutes property blight. (Ord. No. 2116, § 1.)

A building or structure that is in a state of disrepair constitutes property blight. A building or structure is in a state of disrepair when any of the following conditions exist:

(a) Exterior walls or roof coverings have become deteriorated, do not provide adequate weather protection, or show evidence of the presence of termite infestation or dry rot; or

• (b) Broken or missing windows or doors constitute a hazardous condition or a potential attraction to trespassers; or

(c) Building exteriors, walls, fences, retaining walls, driveways, or walkways are broken or deteriorated to the extent that the disrepair is visible from a street or neighboring properties; or

(d) Any part of the property, including any building or structure located on the property, that is visible from a street, right-of-way, or neighboring property is defaced with an inscription, word, figure, mark, design or other inscribed material that is written, marked, etched, scratched, drawn, or painted on the property. (Ord. No. 2116, § 1.)

Inadequate landscaping constitutes property blight. A property is inadequately landscaped when any of the following conditions exist:

(a) The property contains overgrown, diseased, dead or decayed trees, weeds or other vegetation that:

• (1) Constitutes a fire hazard or other condition that is dangerous to the public health, safety, welfare; or

(2) Creates the potential for the harboring of rats, vermin, vector, or other similar nuisances; or

(3) Substantially detracts from the aesthetic and property values of neighboring properties, except that lawn areas that are dying off in preparation for the installation of drought-tolerant landscaping do not constitute blight provided that the property owner takes all of the following actions:

(A) Inform the city’s community improvement coordinator in writing that said lawn areas are being made ready for drought tolerant landscaping,

(B) Post a sign in the lawn area to notify neighbors about the impending drought tolerant landscaping, and

(C) Replace said lawn areas with landscaping within two months of the property owner’s notice to the city’s community improvement coordinator; or

(4) Is overgrown onto a public right-of-way at least twelve inches; or

(5) Is completely dead, over twelve inches in height, and covers more than fifty percent of the front or corner side yard visible from a street.

(b) A property fails to meet minimal landscaping requirements when any of the following conditions listed in this subsection exists on the property:

(1) The landscaped area fails to comply with applicable development permit requirements; or

(2) At least fifty percent of the front and side yards that are visible from the street, excluding improved surfaces such as walkways and driveways, of dwellings not subject to any development permit do not have maintained landscape areas; or

(3) The landscaping is not installed or the landscaped area is not maintained in compliance with this article, other applicable provisions of this code, or any permit issued pursuant to this Code.

(c) For the purpose of this section, landscaping means covered with live trees, shrubs, lawn, or other live plant materials. (Ord. No. 2116, § 1; Ord. No. 2242, § 1, 2013.)

(a) The accumulation of garbage or waste matter as defined in Section 16.1 of this Code constitutes property blight in the following situations:

(1) The accumulation of garbage or waste matter is visible from a street, public right-of-way, or neighboring property and is present for more than seventy-two consecutive hours; or

(2) The accumulation of garbage or waste matter is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.

(b) The accumulation of dirt, litter, or debris in vestibules or doorways of buildings constitutes property blight if it is visible from any public street, public right-of-way, or neighboring properties and is present for more than seventy-two consecutive hours. (Ord. No. 2116, § 1.)

9.84 Polluted water.

Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, so that the water has become or is becoming polluted is blighted property. For the purpose of this article, polluted water is water that contains any bacterial growth, including algae, remains of rubbish, refuse, debris, papers, or any other foreign matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition. (Ord. No. 2116, § 1.)

Any property on which there exists a dangerous condition is blighted property. A property is considered to have a dangerous condition prohibited by this article if any one or more of the following conditions exists on the property:

(a) Land having a topography, geology, or configuration that, as a result of grading operations or improvements to the land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems that pose a threat of injury or are injurious to any neighboring property; or

(b) Any condition or object, including without limitation landscaping, fencing or signs, that obscures the visibility of public street intersections to the public in a manner that constitutes a hazard; or

(c) Items are present that are inadequately secured or protected and, due to their accessibility to the public, may prove hazardous or dangerous including, without limitation:

• (1) Unused or broken equipment or machinery,

• (2) Abandoned wells, shafts, or basements,

• (3) Unprotected pools, ponds, or excavations,

• (4) Structurally unsound fences or structures,

• (5) Lumber, or accumulations of lumber or other construction materials, or

• (6) Chemicals, motor oil, or other hazardous materials. (Ord. No. 2116, § 1.)

• (a) Vacant building means a building which has remained unoccupied for a period of more than thirty days.

• (b) A building is not deemed to be vacant for purposes of this article if any of the following conditions exist:

• (1) Any unit or portion of the building is occupied;

• (2) Any other building on the same lot is occupied;

• (3) Construction or alteration in progress pursuant to a valid, unexpired building permit.

(c) A vacant building or lot maintained in a condition in violation of the provisions of this article is blighted property. (Ord. No. 2116, § 1.)

(a) All vacant buildings must be maintained in a manner which minimizes the appearance of vacancy, including the prompt removal of graffiti.

(b) All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finish to weatherproof the vacant building and to create a sufficient appearance of repair to deter unauthorized occupation.

(c) The exterior of the vacant building property, including all landscaping, shall be kept in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety. (Ord. No. 2116, § 1.)

(a) All vacant buildings shall be maintained in a structurally sound condition.

(b) All electrical, natural gas, sanitary and plumbing facilities shall be maintained in a condition which does not create a hazard to public health or safety. (Ord. No. 2116, § 1.)

(a) All vacant buildings shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds which may constitute a fire hazard.

(b) No vacant building or portion thereof shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard.

(c) Heating facilities or heating equipment in vacant buildings shall either be removed or maintained in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable codes and ordinances. (Ord. No. 2116, § 1.)

(a) All vacant buildings shall be maintained in a way which secures them from any unauthorized entry.

(b) The owner or responsible agent of a vacant building which has suffered an unauthorized entry must provide security which meets the following minimum standards:

(1) All windows and sliding doors shall provide either intact glazing or resistance to entry equivalent to or greater than that of a solid sheet of not less than 15/32 inch thick plywood or one-half inch thick Oriented Strand Board, painted to match the building to protect it from the elements, cut to fit the opening, and securely nailed using 8D galvanized nails spaced not more than six inches on the center.

(2) Doors and service openings with thresholds located ten feet or less above grade, stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths inches thick equipped with a half-inch throw deadbolt.

(3) Exterior doors, if openable, may be closed from the interior of the building by toe nailing them to the door frame using 10D or 16D galvanized nails.

(4) There shall be at least one openable door into each building. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half inch deadbolt or deadlatch.

(5) All locks shall be kept locked. When a door cannot be made operable, a door shall be constructed of not less than 15/32 inch thick plywood or one-half inch thick Oriented Strand Board and shall be equipped with a lock as described above. (Ord. No. 2116, § 1.)

All vacant buildings, including all adjoining yard areas, and all lots, whether or not they contain a building or other structure, shall be maintained free of debris, combustible materials, litter and garbage. (Ord. No. 2116, § 1.)

The presence of any one or more of the following conditions on property constitutes property blight:

(a) Any condition that is detrimental to the public health, safety or general welfare or that constitutes a public nuisance as defined in California Civil Code 3480;

(b) Any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties. (Ord. No. 2116, § 1.)

(a) Any condition of property blight which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public may be summarily abated by the city manager, in accordance with Chapter 24 of this code.

(b) Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the city manager to be necessary. (Ord. No. 2116, § 1.)

If there exists on a blighted property any condition reasonably believed to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the city manager may order the immediate restriction from use or occupancy of the blighted property in accordance with the provisions of Chapter 24 of this Code. In addition to restricting use or occupancy, the order may require other abatement actions to be taken. (Ord. No. 2116, § 1.)

The city manager may institute procedures for summary abatement or abatement of blighted property pursuant to Chapter 24 of this code. Costs for any abatement performed by or on behalf of the city shall be recoverable by the city. (Ord. No. 2116, § 1.)

(a) Procedures used and actions taken for the abatement of property blight are not limited by this article. Procedures and actions under this article may be utilized in conjunction with or in addition to any other procedure or action applicable to the regulation of buildings, structures, or property.

(b) All property blight conditions which are required to be abated pursuant to the provisions and permit requirements of this article shall be subject to all provisions of this code including, but not limited to, building construction, repair or demolition, and to all property improvement, zoning and fire code provisions. (Ord. No. 2116, § 1.)

1 Ords. 2370 and 2371 added new sections numbered 9.30 through 9.33. These sections have been editorially renumbered to avoid duplication and overlap of section numbering.