Vallejo Municipal Code Ch. 10.03 Parking on Unpaved Property

The city council finds and declares that there exist within the city many parcels or portions of parcels of unpaved real property which are used, or are permitted to be used for the parking of automobiles and other motor vehicles. Certain of these unpaved parking areas are declared to be public nuisances in that mud, gravel, or debris from the unpaved lots are frequently tracked, dragged, or propelled by automobiles or other motor vehicles parked thereon onto the public streets, sidewalks and other public ways upon exiting such lots, which mud, gravel, and debris may cause injury to persons and property, and further may cause claims for liability to be presented against the city for defective or hazardous condition of public property, and further occasions an unsightly appearance of the public streets, sidewalks and ways, resulting in undue expense to and degradation of the community.

(Ord. 294 N.C.(2d) § 2 (part) 1975.)

Whenever the public works director has notice that an unpaved parcel or an unpaved portion of a parcel is being used for the parking of automobiles or other motor vehicles and he finds that such use constitutes a nuisance in that mud, gravel, and other debris is deposited in the public streets, sidewalks, or ways by such use, it shall be the duty of the public works director to notify the owner and persons in lawful possession of such property to pave the same, to standards prescribed by the department of public works, or erect suitable barriers of a design approved by the department of public works sufficient to prevent parking of automobiles or other motor vehicles thereon, along with appropriate signs prohibiting parking thereon and reciting authority therefor. The decision as to whether to require pavement or barriers and signs on a particular parcel shall be in the sound discretion of the public works director.

(Ord. 294 N.C.(2d) § 2 (part) 1975.)

In the event any owner notified by the public works director as set out in Section 10.03.020 is aggrieved thereby, he may, within ten days, appeal by filing notice in writing of such appeal with the city clerk. The city clerk shall thereafter set the matter for public hearing at least fifteen days after receipt of the notice of appeal. At the public hearing, the owner of the property and all other interested persons shall be given the opportunity to be heard. At least ten days before the public hearing, the city clerk shall publish notice thereof once in the official newspaper of the city, and mail a copy of the notice to the appealing owner. At the public hearing, the city council shall hear and pass upon the appeal, and evidence relating thereto, which may be introduced. The decision of the city council on the appeal shall be final and conclusive. At the conclusion of the public hearing, the city council may proceed to adopt a resolution sustaining or denying the appeal, and if the appeal is denied, notice of the action shall be given to the owner in the manner set out in Section 10.02.050 of this code. Thirty days from and after the date of mailing of such notice shall be given to commence the construction described in the notice given pursuant to Section 10.03.050. After the expiration of said thirty days, the city may proceed to pave the property or erect the barriers and signs and collect for the costs thereof in the manner set out in Sections 10.03.060 through 10.03.090.

(Ord. 294 N.C.(2d) § 2 (part), 1975.)

The notice to pave or erect barriers and signs shall be given in the manner set out in Section 10.02.050 of this code.

(Ord. 294 N.C.(2d) § 2 (part), 1975.)

The notice to pave or erect barriers and signs shall set out the information required in Section 10.02.060 with appropriate change of references to the work to be performed, and, in addition, it shall advise the owner that he has the right to appeal the director's determination that the unpaved parcel is a nuisance, and shall set out the procedure for perfecting the appeal as set out in Section 10.03.030.

(Ord. 294 N.C.(2d) § 2 (part), 1975.)

Construction of paving or barriers and signs by the city shall be carried out in the manner described in Section 10.02.070 of this code, with appropriate change of references to the actual work performed or to be performed.

(Ord. 294 N.C.(2d) § 2 (part), 1975.)

Notice of hearing on assessment of construction costs shall be given in the manner set out in Section 10.02.080 of this code, with appropriate change of references to the type of work performed.

(Ord. 294 N.C.(2d) § 2 (part), 1975.)

Notice of lien, filing thereof, and the form thereof shall be carried out in the manner described in Section 10.02.090 of this code, with appropriate change of references to the type of work performed.

(Ord. 294 N.C.(2d) § 2 (part), 1975.)

The alternative method of collection set out in Section 10.02.100 of this code may be applied to collection of moneys due pursuant to this chapter.

(Ord. 295 N.C.(2d) § 2 (part), 1975.)

A. Active construction sites containing unpaved areas requiring access thereto for necessary construction activities are exempt from the paving and barrier requirements of this chapter, provided, however, that the public works director, or his lawful representative, is empowered to order such temporary measures as are reasonably necessary to insure that mud and debris are not deposited on the public streets, sidewalks, or ways by construction vehicles, including requiring a bond for the performance of such measures; provided further, that the public works director, or his lawful representative, may order restrictions on the on-site parking of vehicles owned by construction workers on the site to avoid the deposit of mud and other debris on public ways or streets.

B. Violation of the lawful order of the public works director, or his lawful representative, given under subsection A of this section is a misdemeanor, and additionally compliance with such order may be sought by injunctive or other appropriate judicial relief.

(Ord. 294 N.C.(2d) § 2 (part), 1975.)