Visalia Municipal Code Ch. 8.56 Weeds and Property Maintenance

A. The city council of the city of Visalia does hereby find that it is necessary to provide for the abatement of conditions which are determined to be a fire hazard, offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, or hazardous or injurious to the health, safety or welfare of the general public in such ways to constitute a nuisance; and to provide standards to safeguard life, health and public welfare in keeping with the character of the city by allowing for the maintenance of property or premises for each of the following purposes:

1. To safeguard the health, safety and welfare of the people maintaining property or premises in good and appropriate condition;

2. To promote a sound and attractive community appearance; and

3. To enhance the economic value of the community, and each area in it, through the regulation of the maintenance of property or premises.

B. Accordingly, the city council finds and declares that the purpose of this chapter is to:

1. Reduce the threat to health, safety, welfare, and appearance and economic value due to the decline in property condition(s) by lawfully delineating the circumstances under which such condition(s) may be considered illegal and/or abated; and further finds that,

2. Abatement of such condition(s) is in the best interest of the health, safety and welfare of the residents of the city because maximum use and enjoyment of property or premises in proximity to another depends upon maintenance of those properties or premises at or above the minimum standard.

(Ord. 2016-19 § 1 (part), 2016)

For purposes of this chapter, certain words and phrases are defined and certain provisions are to be construed as herein set forth, unless it shall be apparent from the context that a different meaning is intended:

"Abate" means to repair or replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the fire code official in his/her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.

"Abatement standards" means those minimum requirements set forth by the fire code official by which property shall be abated and maintained in order to comply with Section 8.56.050.

"Owner" means the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the county, renter(s), lessor(s) and other occupants residing permanently or temporarily on property.

"Premises" means all property, lots, parcels or real estate, portion of any land, whether improved or unimproved, occupied or unoccupied, including adjacent or associated sidewalks, parking strips, the abutting half of any street or alley between lot lines, buildings, structures, landscaping, plantings, trees, bushes, fences, and the exterior storage of personal property, equipment, supplies and vehicles.

"Responsible person" means the owner of any premises and/or any agent, lessee or other person occupying or having charge or control of the same.

"Weeds" means any grasses, weeds or similar vegetation which because of having attained, or which may attain, such a large growth that when dry shall become a fire or safety hazard, a visual blight and/or which are otherwise noxious or dangerous.

(Ord. 2016-19 § 1 (part), 2016)

Regardless of occupants, tenant, lessees, or proprietor of any real property in the city, the legal owner of the property or premises shall be responsible for the removal or destruction of all such weeds, trash, junk and other debris as set forth in this chapter from his/her property, rights-of-way, and from the abutting half of any street or alley between lot lines as extended.

(Ord. 2016-19 § 1 (part), 2016)

A. The administration of this chapter is the responsibility of the fire chief or his or her designee.

B. The fire chief shall have the authority to establish rules, regulations and procedures necessary to enforce or carry out provisions of this chapter.

C. Enforcement of this chapter may be accomplished in any manner authorized by this chapter, the City of Visalia Municipal Code, and the California Fire Code or by any other law, including but not limited to abatement of the nuisance conditions by the city, and all other applicable civil actions and remedies. Violations of this chapter may alternatively be prosecuted as a misdemeanor or as an infraction.

D. The fire chief and/or his/her designee shall have the right to inspect properties pursuant to this chapter and other applicable laws. Such inspection shall be performed to verify conditions, secure compliance with or prevent the violation of this chapter or other codes adopted thereunder. (Ord. 2016-19 § 1 (part), 2016)

Each of the following conditions is declared to constitute a public nuisance, and whenever the designated fire official determines that any of the conditions exist upon any premises, he/she may require or provide for the abatement thereof pursuant to this chapter and make the costs of locating the nuisance, inspection time, processing of paperwork, sending of notice, conducting a re-inspection, and abatement, a lien on the subject real property.

A. The existence of weeds on the premises, or public sidewalks, or rights-of-way;

B. Trash, discarded objects, rubbish, refuse, waste paper, appliances (including, but not limited to, water heaters, washers, dryers, televisions, refrigerators), furniture which is not designed for outdoor use, household fixtures, and junked items which can be viewed from a public street or walkway, alley or other public property which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance;

C. Overgrowth of shrubs, bushes, trees, vines, plants or similar vegetation that poses a fire hazard, health hazard, visual blight, structural intruding or that obscures the view or impairs the access to fire protection, utilities or other building features;

D. Quantities of debris such as hay, straw, grass clippings, tree or shrub trimmings that pose, or may become, a fire hazard or attract rodents and/or insects;

E. Any other condition or use of property which is in fact a fire hazard, health hazard, visual blight or can endanger emergency responders or which results or can result in the impairment of the ability of the fire department to respond to and suppress fires.

(Ord. 2016-19 § 1 (part), 2016)

A. The fire chief and/or his/her authorized designee may issue without warning a "declaration of public nuisance notice and order" if any conditions of a public nuisance set forth in this chapter are present on a premises. The declaration shall be served by any method permitted by Visalia Municipal Code Section 1.13.070.

1. Failure of any owner or other person to receive this notice shall not affect the enforcement of this chapter if service requirements for the declaration of public nuisance were followed.

2. Costs associated with issuing the declaration shall be paid by the owner and constitute a special assessment against such representative parcels or lots, and shall constitute a lien on such property for the amount of such assessments, until paid.

3. Additional orders may be issued if compliance is not attained.

B. Any owner shall have the right to abate said condition, or have the same abated at their own expense; provided, such condition has been abated prior to the arrival of the enforcement officer or his/her authorized representative.

C. Owners and responsible parties who have failed to respond and abate a nuisance after issuance of a declaration, and who have failed to appeal suchdetermination as provided for in this chapter and Chapter 1.13 of the Visalia Municipal Code, are conclusively deemed guilty of violating this chapter and the declaration shall become final and all appeal rights shall be deemed waived.

(Ord. 2016-19 § 1 (part), 2016)

All owners have the right to an administrative hearing of a declaration of public nuisance notice and order issued under Section 8.56.060. Requests for such appeals shall be done in conformance with Visalia Municipal Code Section 1.13.080. If no request for appeal is filed pursuant to this section, then the appeal rights shall be deemed waived and the declaration of public nuisance notice and order shall become final.

(Ord. 2016-19 § 1 (part), 2016)

Owners and responsible parties who have failed to respond and abate a nuisance after issuance of an declaration of public nuisance notice & order, and who have failed to appeal such determination and may be assessed administrative penalties pursuant to the provisions of Chapter 1.13 of the Visalia Municipal Code. These penalties may accrue and each day the property is not in compliance shall be considered another violation.

(Ord. 2016-19 § 1 (part), 2016)

A. Upon the expiration of the time period set forth in the declaration of public nuisance notice and order, the city shall abate any such condition constituting a nuisance pursuant to this chapter which has:

1. Not been abated by the owner of the property or premises in question; or

2. Been confirmed to constitute a nuisance in the course of the administrative hearing process set forth in Chapter 1.13 of the Visalia Municipal Code; or

3. Obtained an abatement warrant from a court of competent jurisdiction.

B. The fire chief or his/her designee, including but not limited to city employees, agents, or independent contractors, are authorized to enter upon private property for purposes of abating such conditions. It shall be unlawful for any owner, agent, lessee, or person having charge of or occupying any such lot or premises to refuse to permit representatives of the city to enter upon any property, during daylight hours, where any such nuisance is reasonable believed to exist for the purpose of inspection and, where such nuisance exists, for the purpose of abating the nuisance as provided in this chapter, or in interfere with such representatives in any manner whatsoever in the removal of such nuisance.

C. The cost for abatement of a nuisance by the city shall constitute a special assessment against such representative parcels or lots, and shall constitute a lien on such property for the amount of such assessments, until paid following the process described in this chapter, see Section 8.56.120.

(Ord. 2016-19 § 1 (part), 2016)

A. The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises.

B. The owner and/or occupier of the premises or the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the city pursuant to this chapter.

C. Any abatement performed by the city pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant any of the methods set forth in Section 1.13.110 of the Visalia Municipal Code.

(Ord. 2016-19 § 1 (part), 2016)

Any property owner, or other responsible person, who fails to abate a condition as set forth in this chapter shall become liable for the expenses of fire suppression, including injury to firefighters, which is determined to have been caused by or attributed to, in whole or in part, said conditions for which the city has issued a declaration of public nuisance notice & order. Such expenses shall be charged to the property owner and/or other responsible person and shall become a lien upon the property until paid.

(Ord. 2016-19 § 1 (part), 2016)

A. The fire chief and/or his/her authorized representative shall keep an account of the costs and fees of enforcing this chapter. The fire chief, or designee, may present this account of costs and fees and request the Visalia city council to declare a special assessment. Upon confirmation by the city council, any unpaid costs or fees, as confirmed, shall constitute a special assessment against the respective lot or parcel of land, and as thus keep a lien on said property for the amount of such assessment.

B. After the confirmation of said amount, a certified copy shall be turned over to the assessor and the tax collector of the county of Tulare, acting on behalf of the city, whereupon it shall be the duty of said assessor and tax collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels for land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for other municipal taxes.

(Ord. 2016-19 § 1 (part), 2016)

The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition.

(Ord. 2016-19 § 1 (part), 2016)