Tiburon Municipal Code Ch. 34 Property Maintenance

The ordinance codified in this chapter shall be known as the "Town of Tiburon Property Maintenance Ordinance" and may be so cited.

(Ord. No. 559 N.S., § 2, 6-3-2015)

The purpose of this chapter is to promote the health, safety, and general welfare of the citizens by requiring a level of maintenance of residential, commercial, institutional and other property that will prevent the occurrence of blighted property and protect and preserve the livability, appearance, and social and economic stability of the town and also protect the public from the health and safety hazards and the impairment of property values that results from the neglect and deterioration characterized by blighted property.

(Ord. No. 559 N.S., § 2, 6-3-2015)

Any property on which there exists any one or more of the following conditions or activities is deemed a blighted property for the purpose of this chapter:

(a) Abandoned building or structure, defined as:

(1) A building or structure that is not occupied, inhabited, used, or secured. For purposes of this chapter, a building or structure is not secured if it is unlocked or the public can gain entry without the consent of the owner, or

(2) A partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is considered abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on an already-commenced permitted project for six months or more.

(b) Attractive nuisance, defined as property that is in an unsecured state so as to potentially constitute an attraction to children, a harbor for unauthorized persons, or so as to enable persons to resort thereto for the purpose of trespass or committing an unlawful act. Attractive nuisances include, but are not limited to, abandoned refrigerators, unfenced swimming pools, or open pits.

(c) A building or structure that is in a state of disrepair, defined as:

(1) A building or other structure that by reason of rot, weakened joints, walls, floors, underpinning, roof, ceilings, or insecure foundation, or other cause has become dilapidated or deteriorated; or

(2) A building or other structure with exterior walls and/or roof coverings that have become so deteriorated as to not provide adequate weather protection and be likely to, or have resulted in, severe water intrusion damage, termite infestation or dry rot; or

(3) A building or structure with broken or missing windows or doors that constitute a hazardous condition or a potential attraction to trespassers. For purposes of this chapter "window" shall include any glazed opening, including glazed doors, which faces upon a yard, court, or street; or

(4) A building or structure, including, but not limited to, walls, fences, signs, retaining walls, driveways, or walkways that are broken, deteriorated, or substantially defaced to the extent that the disrepair severely visually impacts neighboring property or presents a risk to public safety. For purposes of this chapter "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti" and peeling, flaking, blistering, or otherwise deteriorated paint.

(d) Property inadequately maintained, defined as:

(1) Property that is not kept clean and sanitary and free from accumulations of offensive matter or odor, including, but not limited to, overgrown or dead or decayed trees, excessive weeds or unkempt vegetation, overgrowth, dead organic matter, rubbish, junk, garbage, and toxic or otherwise hazardous liquids and substances and material. For the purposes of this section, the term "rubbish" shall include combustible and noncombustible waste materials, except garbage; and the term shall also include paper, rags, cartons, boxes, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass, crockery, and similar materials; or

(2) Property that constitutes a fire hazard or a condition considered dangerous to the public health, safety, and general welfare; or

(3) Property that is likely to or does harbor rats or other vectors, vermin, feral pets, or other non-domesticated animal nuisances; or

(4) Landscaping that is inadequately maintained to such an extent that it creates a public safety hazard; or

(5) Property upon which litter, cut vegetation, garbage, refuse, debris, flyers, or circulars have unreasonably accumulated; or

(6) Property upon which a swimming pool, spa, pond, stream, or other body of water is left abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" is defined for the purpose of this chapter as water that contains bacterial growth, remains of garbage, refuse, debris, papers and any other foreign matter or material that constitutes an unhealthy or unsafe condition; or

(7) Parking lots, driveways, paths, and other areas used or intended to be used for commercial or business activities that are inadequately maintained and pose a risk of harm to public health or safety including, but not limited to, unpaved surfaces that generate fugitive dust and paved surfaces with sizeable cracks, potholes, or other breaks; or

(8) Property upon which recyclable materials are openly stored. For the purposes of this chapter "recyclable materials" means any goods, vehicles, machinery, appliances, product or article, new or used, that is suitable for reuse; and "open storage" means storage on private property other than in a completely enclosed building. Materials shall be deemed to be held in "open storage" even though screened from public view, or view of residents of adjacent property, by a fence or other such partition.

(e) Property that creates a dangerous condition, defined as:

(1) Property having a topography, geology, or configuration that as a result of grading operations, erosion control, sedimentation control work, or other improvements to said property, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems sufficient to harm or pose a risk of harm to adjacent properties; or

(2) Property whereupon any condition or object obscures the visibility of public street intersections to the public so as to constitute a hazard, including, but not limited to, landscaping, fencing, signs, posts, or equipment; or

(3) Conditions that due to their accessibility to the public pose a hazard including, but not limited to, unused and broken equipment, abandoned wells, shafts, or basements, hazardous or unprotected pools, ponds, or excavations, structurally unsound fences or structures, machinery that is inadequately secured or protected, lumber, trash, fences or debris that may pose a hazard to the public, storage of chemicals, gas, oil, or toxic or flammable liquids.

(f) Parking, storage or maintenance of the following in areas zoned for residential use, defined as:

(1) Any construction or commercial equipment, machinery, material, truck or tractor or trailer or other vehicle having a weight exceeding seven thousand pounds, or recyclable materials, as defined in this chapter, except that such items may be temporarily kept within or upon residential property for the time required for the construction of installation of improvements or facilities on the property; or

(2) Any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household equipment, machinery, furniture, or other than furniture designed and used for outdoor activities, appliance or appliances, or any parts of any of the listed items for a period of time in excess of seventy-two consecutive hours. This subsection does not prohibit the following:

(A) Machinery installed in the rear setback areas for household or recreational use.

(B) Furniture designed and used for outdoor activities.

(C) Any item stored or kept within an enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure that is not permanently affixed to the ground but that is not on wheels or mobile.

(3) Storing or keeping of packing boxes, lumber, or other debris, except as allowed by this code for the purpose of construction, in any setback areas visible from public property or neighboring properties for a period of time in excess of seventy-two consecutive hours.

(g) Permit requirement. Any use of property that does not have all required permits pursuant to town codes or where such permits have expired or been revoked.

(Ord. No. 559 N.S., § 2, 6-3-2015)

No person, firm, group, or corporation whether as owner, owner's agent or manager of the subject property or as lessee, sublessee, or occupant in possession of the property shall maintain any property in a blighted condition or shall cause or permit a blighted property to exist. No person, firm, group, or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or order issued pursuant hereto.

(Ord. No. 559 N.S., § 2, 6-3-2015)

The town manager or his or her designees shall be responsible for the enforcement of this chapter and may make such inspections and take such actions as may be required to enforce the provisions of this chapter. The town manager is authorized to establish guidelines and interpretations to enforce the provisions of this chapter.

(Ord. No. 559 N.S., § 2, 6-3-2015)

(a) Any condition set forth in this chapter may be abated by the town manager, or his or her designee, in accordance with the procedures set forth in chapter 31 (enforcement of code) of this title.

(b) Actions taken to abate conditions set forth in this chapter may include, but are not limited to, assessment of fees, charges, penalties, and interest; and/or repair or removal of the condition; and/or installation and maintenance of physical barriers to deter the recurrence of or illegal access to the condition; and/or any other abatement action determined by the town manager, or his or her designee, to be necessary.

(Ord. No. 559 N.S., § 2, 6-3-2015)

Whenever any condition set forth in this chapter is determined by the town manager, or his or her designee, to be dangerous and imminently hazardous to public health and safety, the use or occupancy of the blighted property may be restricted in accordance with the procedures set forth in chapter 31 (enforcement of code) of this title. In addition to restricting the use or occupancy, the town manager, or his or her designee, may require other abatement actions to be taken including, but not limited to, immediate repair or removal of the condition.

(Ord. No. 559 N.S., § 2, 6-3-2015)

The town manager, or his or her designee, may institute procedures for abatement of any conditions set forth in this chapter, except where such conditions are otherwise authorized or permitted by law. The town manager, or his or her designee, is not required to take any action under this chapter, but may do so at his or her discretion. The provisions as set forth in chapter 31 of this title, including, but not limited to conditions of compliance that assure expeditious abatement of conditions by the property owner, shall apply. The noticing requirements set forth in title 1, section 1-7 of this Code shall apply to any such abatement. Fees, charges, penalties, and interest assessed for any abatement action performed by or on behalf of the town including, but not limited to, costs incurred in relocating occupants of the blighted property shall be recovered by the town in accordance with the provisions set forth in title 1, section 1-10 of this Code. The town manager, or his or her designee, may establish time limits for abating blighting conditions that serve the best interests of the town and may subsequently limit or extend or otherwise adjust such durations for good cause.

(Ord. No. 559 N.S., § 2, 6-3-2015)

(a) Procedures used and actions taken for the abatement of property blight are not limited by this chapter. Procedures and actions under this code may be utilized in conjunction with, or in addition to, any other procedure applicable to the regulation of buildings, structures, or property, including, but not limited to, injunctive or other judicial relief, and the impositions of administrative penalties pursuant to the provisions of chapter 31 of this title.

(b) All blighted property conditions that are required to be abated pursuant to the provisions and permit requirements of this chapter shall be subject to all provisions of this code including, but not limited to, building construction, repair or demolition, and to all housing, zoning, traffic and fire code provisions.

(Ord. No. 559 N.S., § 2, 6-3-2015)

Violation of this chapter shall constitute an infraction.

(Ord. No. 559 N.S., § 2, 6-3-2015)