Vista Municipal Code § 8.36 Property Maintenance and Nuisance Abatement

Section 8.36.010 Purpose and Intent

The establishment of minimum property maintenance standards is designed to promote

the property maintenance of property and buildings within the city such that properties do not become detrimental to the public health, safety or general welfare and to the aesthetics of the community and cause a detrimental effect upon properties in the surrounding area, including, but not limited to, the use, value and enjoyment thereof. Prior Code 15A-1; Ord. No. 89-50, Added 1/8/90)

Section 8.36.020 Scope

The provisions of this chapter apply to all structures and properties within the city.

Prior Code 15A-2; Ord. No. 89-50, Added 1/8/90)

Section 8.36.030 Prohibited Conduct

Except as provided in Section 8.36.050, it is unlawful for any person owning, leasing,

occupying, or having charge or possession of any premises in this city to maintain it in such a manner that a public nuisance exists upon such property as determined by the City pursuant to this chapter. A public nuisance exists whenever any of the following findings are made: A. The maintenance or condition of the property is such that it endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, or constitutes a public nuisance as defined by Civil Code Section 3479 et seq.

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B. Maintenance of property in such condition as to become defective, unsightly or in

such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements. C. Maintenance of premises is so out of harmony with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties. D. As set forth in Section 8.36.040. Prior Code 15A-4; Ord. No. 89-50, Added 1/8/90)

Section 8.36.040 Specific Conditions Constituting Public Nuisance, and Unlawful Condition

The existence of any of the following conditions upon any property shall be considered a public nuisance, a violation and unlawful condition: A. Substandard Building or Structures. Any building or portion thereof which is determined to be a substandard building in accordance with Chapter 10 of the Uniform Housing Code. In addition, this includes: 1. Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial construction. 2. Buildings, walls and other structures which have been damaged by fire, decay or otherwise to such an extent that the same cannot be repaired so as to conform to the requirements of the building code in effect in this city. 3. The failure to close, by such means as shall be acceptable to the building official, all doorways, windows and other openings into vacant structures. 4. Any portion of a building that is unpainted or untreated so as to expose raw building material to the elements or which is visible from any public right-of-way, street, or alley. 5. Any portion of a building which has broken windows, damaged woodwork or wall coverings including, but not limited to unpainted surfaces, chipped or peeling paint, damaged brickwork, stonework, stucco, or wood, such that the affected area is in excess of the following: a. Ten percent of total exposed material used for trim, fascia, rafters, or rain gutters. b. Five percent of wall surfaces as measured along any single plane of the building. B. Substandard Property. Property or portions thereof having one or more of the following conditions: 1. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties. 2. Overgrown, diseased, decayed or dead vegetation, including lawns, weeds, plants, shrubs, hedges and trees, and including any such vegetation within parkway areas of the property subject to utility and City easements. There is a conclusive presumption that vegetation is overgrown under these provisions if the vegetation has not been properly cut and trimmed within 30 days after notification that such vegetation is overgrown. 3. Junk stored or accumulated contrary to the provisions of Chapter 8.28 of this code.

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4. Garbage stored in such a manner as to constitute a fire, health or safety

hazard, or to promote the propagation, harborage or attraction of vectors or vermin or the creation of litter. 5. Garbage cans stored in front or side yards and visible from public or private streets. 6. Packing boxes, lumber, litter, dirt and other debris accumulated in vestibules, doorways or the adjoining sidewalks or outside commercial or industrial buildings and visible from public or private streets. 7. Subject to the exceptions set forth in Subsection ( e), (f), (h) and (i) below, the owner or resident of property zoned for residential use may park or store a motor vehicle or trailer, as defined in California Vehicle Code, or any recreational vehicle registered in his or her name on said property only in the following areas: a. Within a fully enclosed and permitted structure; or b. When screened from public view by a solid fence, wall or landscaping not less than six feet in height; or c. On the portion of the lot or parcel that is behind a line which extends from the portion of the main structure, excluding the garage, nearest the front property line to the side lot lines, which is parallel to the front property line, and which does not abut a public or private street; or d. In a parking area approved by the City as part of a development approval process or in a supplemental parking space pursuant to Section 18.54 of the Zoning Code; or e. The parking of motor vehicles, trailers and recreational vehicles is permitted upon a paved driveway ( not more than 24-feet in width) connecting a carport or garage with a public or private street, provided no portion of the motor vehicle, trailer, or recreational vehicle shall extend into the paved or unpaved sidewalk area. No more than one trailer or recreational vehicle may be parked or stored on a paved driveway less than 50 feet in length. A maximum of two recreational vehicles may be parked or stored on a paved driveway in excess of 50 feet. For the purposes of this section, “ paved” driveway shall mean a pavement section of not less than four inches of Portland Cement concrete on native soil, or two inches of Asphaltic Concrete over six inches of decomposed granite, or as determined by Section 16.57.090D of the Vista Development Code. For the purposes of this section, the “ unpaved” sidewalk area shall be that area parallel to the paved road with a width of five feet measured from the edge of the paved road extending outward from the road. f. No more than two trailers or recreational vehicles or any combination of such vehicles, shall be stored or parked on any property less than one acre in size zoned for single family residential uses. One additional trailer or recreation vehicle may be parked or stored on property zoned for single family residential use for each additional one-half acre to a maximum of four. Trailers or recreational vehicles stored within any fully enclosed structure, such as a garage, shall not count against the total number of recreational vehicles permitted under this section.

g. No property owner or resident of property zoned for residential

uses shall permit the storage or parking of a trailer or recreational vehicle belonging to a bona fide guest or guests in excess of 30 days cumulative in any 12 consecutive month period, provided the total number of trailers or recreational vehicles parked or stored on the property shall not exceed the limitation set forth in subsections I or (f). h. Detached camper shells, truck campers, vehicle parts or vehicle related equipment must be stored in accordance with Subsections ( a) or (b) above. i. No motor vehicle or trailer in excess of 24 feet in length, excluding recreational vehicles, may be parked or stored on property zoned for residential purposes.

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j. All trailers and recreational vehicles stored or parked on property zoned for residential use shall have affixed a valid license with current registration tag. k. For the purpose of this section, a recreational vehicle shall have the same definition as found in Section 10.34.010 of this code. 8. Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and visible from a public street. 9. Any clothesline which is located in the front yard. 10. Attractive nuisances dangerous to children, including, but not limited to, abandoned and broken equipment, iceboxes, refrigerators and unprotected and/or hazardous pools, ponds and excavations. 11. Any fence or wall which is damaged, improperly maintained, dilapidated, or which is not structurally intact. 12. It is unlawful for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or pat thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or such property not including highways within the City unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junkyard. “ Vehicle” as used in this chapter shall be defined as set forth in Section 670 of the California Vehicle Code. 13. Front yard and side yard abutting a street in which the maintenance results in an area substantially dissimilar to the condition of landscape on surrounding properties. This requirement does not apply to that portion of a lot which is under cultivation of a crop or orchard, or which is landscaped with shrubs or ornamental plant material. 14. The covering of the required front yard landscape area with unnatural or synthetic materials whose general use is not intended for use as outdoor landscape material, such as, but not limited to, carpet, plastic sheeting, or paper products. 15. Any use of, condition on, or improvement on property in violation of the Vista Municipal Code, the Vista Development Code, or any Permit Condition. A “ permit condition” is any condition imposed by the City of Vista or any of its constituent bodies or employees in connection with any entitlement, permit license, variance, specific plan, or environmental review document issued or approved under the Vista Municipal Code, Vista Development Code, Federal law, State law, or any regulations promulgated thereunder. Prior Code 15A-5; Ord. No. 89-50, Added 1/8/90; Ord. No. 97-3, Amended, 01/28/97; Ord. No. 2001-23, Amended, 11/27/2001; Ord. No. 2004-12, Amended, 12/14/2004; Ord. No. 2024-04, Amended, 04/09/2024)

Section 8.36.050 Exemptions

The provisions of this chapter do not apply to the following:
A. Any material currently in use in the course of lawful construction, demolition, or

landscaping on the site. Prior Code 15A-6; Ord. No. 89-50, Added 1/8/90)

Section 8.36.060 Enforcement

A. General Enforcement Authority. The City Manager, or any of his designated

enforcement officers ( hereinafter referred to as “ officer”) are hereby authorized to enforce all provisions of this chapter.

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B. Right of Entry. The officer is authorized to enter upon any property or premises

to ascertain whether the provisions of this chapter are being obeyed, and to make any examination and surveys as may be necessary in the performance of his enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner. If entry onto property is refused, the officer may seek to obtain an inspection warrant or other remedy as provided by law. C. Violations. It shall be unlawful for any person, firm, or corporation owning, leasing, occupying, or having charge of any property or premises in this jurisdiction to violate any provisions or fail to comply with any of the requirements of this chapter. The City shall proceed in its discretion against any person, firm, or corporation violating any of the provisions of this chapter in accordance with the provisions of Chapters 1.12, 1.13, and 1.16. D. Abatement by Repair, Rehabilitation, Demolition, or Removal. All or any part of premises found, as provided in this chapter, to constitute a public nuisance may be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter are not 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. Prior Code 15A-7; Ord. No. 89-50, Added 1/8/90; Ord. No. 97-3, Amended, 01/28/97; Ord. No. 2004-12, Amended, 12/14/04)

Section 8.36.070 Declaration of Nuisance

Whenever the City Manager or his designee determines that any premises within the city may be maintained contrary to one or more of the provisions of Sections 8.36.030 and 8.36.040, then he shall cause either a citation to be issued to the property owner or notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the City. Prior Code 15A-8; Ord. No. 89-50, Added 1/8/90)

Section 8.36.080 Form of Notice of Hearing

Notice of the time and place of hearing before the City Council is titled, “ NOTICE TO

ABATE NUISANCE,” in letters not less than three- fourths of an inch in height and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART.

Notice is hereby given that on the _______ day of______________________, 20___, at

the hour of___________ of said day, the City Council of Vista will hold a public hearing in the Council Chambers of the Vista City Council, located at 200 Civic Center Drive, Vista, California, to ascertain whether certain premises situated in the City of Vista, State of California, known and designated as ________________________, in said city and more particularly described as ____________________________, constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Sections 8.36.030 and 8.36.040 of the Vista City Code, and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such cost will

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constitute a lien upon such land until paid. Said alleged violations consist of the following:

Said methods of abatement available are:_________. All persons having any objection

to, or interest in said matters are hereby notified to attend a meeting of the City Council of the City of Vista to be held on the ____ day of__________ , 20___, at the hour of __________, when their testimony and evidence will be heard and given due consideration.

DATED:________________________ Deputy City Manager ( or title of such other City Official designated by the City Manager). Prior Code 15A-9; Ord. No. 89-50, Added 1/8/90)

Section 8.36.090 Posting and Service of Notice

A. The City Manager, or his designee, shall cause to be served upon the owner, and any mortgagee and/or beneficiary under any recorded deed of trust, of each of the affected premises a copy of such notice as is set out in Section 8.36.080 of this chapter, and shall cause a copy thereof to be conspicuously posted on each of the affected premises in accordance with the provisions of Section 8.36.080. B. Such notice shall be posted and served, as aforesaid, at least 15 days before the time fixed for such hearing. Proof of posting and service of such notices shall be made by declaration, under penalty of perjury, filed with the City Clerk. Prior Code 15A-10; Ord. No. 89-50, Added 1/8/90; Ord. No. 2001-13, Amended 11/27/01)

Section 8.36.100 Form of Proper Service of Notice

A. Service of such notice shall be by personal service upon the owner, and

mortgagee and/or beneficiary, of the affected premises or by depositing a copy of such notice in the U.S. mail, enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified, return receipt requested, and addressed to the person owning the land on which the building or structure is located as such person's name and address appear on the last equalized assessment roll or as known to the City Clerk. If any owner' s address is unknown, this shall be stated in the notice and shall be sent to the owner in care of the San Diego County Tax Assessor. Upon giving such notice, an affidavit shall be filed with the City Clerk certifying the time and manner in which the notice was given, along with any registered or certified mail receipt cards which may have been returned to the City acknowledging receipt of said mail. B. Prior to the hearing before the City Council, a second notice shall be issued in the same manner as described above. The service is complete at the time of such deposit. C. “ Owner,” as used in this section, means any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, including, but not limited to, mortgagee and/or beneficiary, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice does not affect the validity of the proceedings under this chapter. Prior Code 15A-11; Ord. No. 89-50, Added 1/8/90)

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Section 8.36.110 Hearing by City Council

At the time stated in the notices, the City Council shall hear and consider all relevant

evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. Such hearing may be continued from time to time. Prior Code 15A-12; Ord. No. 89-50, Added 1/8/90)

Section 8.36.120 Decision of City Council

Upon or after the conclusion of such hearing, the City Council shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in this chapter. If the City Council finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the City Council shall adopt a resolution setting forth its findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings or structures rehabilitated, repaired or demolished within the period specified in the resolution, which shall not be less than 30 days after the adoption of such resolution, in the manner and by the means specifically set forth in the resolution. The decision and order of the City Council shall be final. Prior Code 15A-13; Ord. No. 89-50, Added 1/8/90; Ord. No. 2001-23, Amended 11/27/01)

Section 8.36.130 Limitation of Filing Judicial Action Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the City Council in ordering the abatement of any public nuisance under the provisions of this chapter, must bring an action to contest such decision in a court of competent jurisdiction, within 30 days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist. Otherwise, all objections to such decision are deemed waived. Prior Code 15A-14; Ord. No. 89-50, Added 1/8/90)

Section 8.36.140 Service of Resolution to Abate A. Within five days of the adoption of the resolution declaring a public nuisance, the City shall post a copy of such resolution conspicuously on the premises, buildings or structures so declared to be a nuisance and mail another copy to the parties indicated in Section 8.36.100, in the same manner as indicated in Section 8.36.100. The resolution shall contain a detailed list of needed corrections and abatement methods. Any property owner has the right to have any such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said resolution and at his own expense, provided the same is done prior to the expiration of the abatement period set forth in the resolution. Upon such abatement in full by the owner, then proceedings under this chapter shall terminate. B. If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the City Manager, or such other City official as may be designated by him, is authorized and directed to cause the same to be abated by the City forces or private contract, and the City Manager ( or his designated agents) is expressly authorized to enter upon said premises for such purpose. Upon request of the designated official, other City departments shall cooperate fully and shall render reasonable assistance in abating any such

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nuisance. Prior Code 15A-15; Ord. No. 89-50, Added 1/8/90; Ord. No. 2001-23, Amended, 11/27/2001) Section 8.36.150 Record of Cost for Abatement

A. The City Manager, or his designee, shall keep an account of the cost ( including

incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is and shall render an itemized report in writing to the City Council, showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto, provided that, before said report is submitted to the City Council, a copy of the same shall be posted for at least five days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation. B. The City Council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs. C. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of Section 8.36.100, at least five days prior to the date of the City Council hearing. D. Proof of said posting and service shall be made by declaration, under penalty of perjury, filed with the City Clerk. E. The term “ incidental expenses” includes, but is not limited to, the actual expenses and costs of the City in preparation of notices, specifications and contracts, and in inspecting the work, and costs of printing and mailing required under the provisions of this chapter. Prior Code 15A-16; Ord. No. 89-50, Added 1/8/90)

Section 8.36.160 Report - Hearing and Proceedings

At the time and place fixed for receiving and considering said report, the City Council

shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made is final and conclusive. Prior Code 15A-17; Ord. No. 89-50, Added 1/8/90)

Section 8.36.170 Assessment of Costs Against Property - Lien

The total cost for abating a nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. A. After such confirmation and recordation, a certified copy of such decision shall be sent to the tax division of the County Auditor- Controller' s office, whereupon it is the duty of said Auditor- Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary 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 ordinary municipal taxes; or B. After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law. C. Such notice of lien for recordation shall be in a form substantially as follows:

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NOTICE OF LIEN - CLAIM OF CITY OF VISTA

Pursuant to the authority vested by the provisions of Chapter 8.36 of the Vista Municipal

Code, the City Manager of the City of Vista ( or his designated agents) did on or about the day of __________________, 20, cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; and the City Council of the City of Vista did on the ____________ day of _____________, 19, assess the cost of such rehabilitation, repair or demolition upon said real property hereinafter described; and the same has not been paid nor any part thereof; and that the City of Vista does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Vista, County of San Diego, State of California, and more particularly described as follows:

DESCRIPTION)

DATED:________________________ City Manager of the City of Vista Prior Code 15A-18; Ord. No. 89-50, Added 1/8/90)

Section 8.36.180 Alternative Remedies

Nothing in this chapter prevents the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth in this chapter. Prior Code 15A-19; Ord. No. 89-50, Added 1/8/90)

Section 8.36.190 Nuisance Violation - Penalty

A. The owner or other person having charge or control of any such buildings or

premises who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor. B. Any occupant or lessee in possession of any such building or structure who fails to vacate said building or structure in accordance with an order given as provided in this chapter is guilty of a misdemeanor. C. Any person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor. D. No person shall obstruct, impede or interfere with any representative of the City Council or 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 and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code, whenever any such representative of the City Council, representative of the City, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building 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.

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E. The provisions of this chapter are enforceable, and violations are punishable

pursuant to Chapter 1.16 of this code. Chapter 1.16 allows the City Manager, or his designee, to issue citations for violations of certain sections of this code. Criminal prosecution shall not preclude nor be precluded by abatement of the violation or violations. F. The City may also initiate nuisance abatement procedures as set forth in this chapter. Prior Code 15A-20; Ord. No. 89-50, Added 1/8/90; Ord. No. 97-3, Amended, 01/28/97)

Section 8.36.200 Alternative Procedure

A. The alternative procedures designated in this section apply to: (1) speed bumps which exist or are constructed on property in alleged violation of Section 16.57.080; and (2) any class of nuisance or alleged nuisance which the City Council, by resolution, directs to be processed using the procedures of this section. B. Nuisances governed by this section shall be processed at a hearing conducted by the City Manager or the City Manager’ s designee rather than the City Council. All notices involving a nuisance governed by this section shall be modified to replace any reference to the City Council with a reference to the City Manager or the City Manager’ s designee. Decisions rendered by the City Manager or designee at the conclusion of the hearing shall be in the form of an order ( rather than a resolution) and, in all other respects, shall be rendered, served, implemented, and judicially reviewed in accordance with the provisions of this chapter. The cost of any abatement for a nuisance governed by this section and any cost recovery proceedings shall be noticed, calculated, and recovered as proved in this chapter, including through tax assessments or other liens, except that all hearings shall occur before the City Manager or the City Manager’ s designee. Ord. No. 2001-23, Added 11/27/01)

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Chapter 8. 38

Graffiti

Sections:

8. 38. 010 Purpose and Intent
9. 38. 020 Definitions
10. 38. 030 Prohibitions
11. 38. 040 Penalties
12. 38. 050 Detection Provisions
13. 38. 060 Access to Graffiti Implements by Minors
14. 38. 070 Removal of Graffiti
15. 38. 080 Prevention Requirements
16. 38. 090 Parental Involvement Provision
17. 38. 100 Severability

Section 8. 38. 010 Purpose and Intent

It is the purpose and intent of the City Council of the City of Vista, through the enactment of this Chapter, to provide additional enforcement tools for protecting public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walls, buildings, and signs. The City Council finds and declares that graffiti, defacement and other acts of vandalism are inimical and destructive to the rights of owners and tenants and to the values of private property, and are injurious to the community health and welfare. Further, it is the intent of the City Council that these regulations shall be strictly enforced by the City' s law enforcement officers, and that persons who violate these regulations will be prosecuted to the fullest extent of the law. The City further intends that parents and guardians of minors who violate these regulations shall be held responsible for their minors' unlawful acts to their fullest extent allowed by law. Ord. No. 92- 7, Enacted, 05/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94)

Section 8. 38. 020 Definitions

A. " Graffiti," as used in this section, includes any unauthorized inscription, word,

figure, or design that is marked, etched, scratched, drawn, or painted on any structural component of any building, structure, or other facility, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof, or despite advanced authorization, or is otherwise deemed by the Council to be a public nuisance. B. " Aerosol Paint Container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. C. " Felt Tip Marker" means any indelible marker or similar implement with a tip, which at its broadest width, is greater than one- eighth inch, containing an ink that is not water- soluble. D. " Graffiti Stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water- soluble.

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E. " Graffiti Implement" means an aerosol paint container, a felt tip marker, a graffiti stick, or a glass defacing liquid or tool. F. " Glass Defacing Liquid or Tool" means any device or product designed to scratch, etch or deface glass, including, without limitation, any caustic cream, gel, liquid, or solution capable, by means of chemical action, of defacing, damaging, or destroying hard surfaces. Ord. No. 92- 7, Enacted, 05/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94; Ord. No. 2003- 20, Amended, 08/ 26/ 03)

Section 8. 38. 030 Prohibitions

A. Application of graffiti. It shall be unlawful for any person to apply graffiti on any

public or privately owned structures located on public or privately owned real property within the City. minors. B. Possession by It shall be unlawful for any person under the age of 18 years to have in his or her possession any graffiti implements while upon public property; or upon private property without the consent of the owner of such private property whose consent has been given in advance and such consent as to the person' s presence shall have been given while such person was in the possession of a graffiti implement. 1. School exception for felt tip markers. The foregoing provision shall not apply while the person is attending, or traveling to or from a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the requirement to use felt tip markers. C. Possession in designated public places. No person shall have in his or her possession any graffiti implement while in any public park, playground, swimming pool, recreational facility ( other than a highway, street, alley or way) except as may be authorized by the City. Ord. No. 92- 7, Enacted, 05/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94)

Section 8. 38. 040 Penalties

A. Vista diversion program; community service with minimum hours and parental involvement. In lieu of, or as a part of, the prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 ( including but not limited to, offenses which, in the opinion of the Police Chief or Sheriffs Department, constitute a violation of this chapter), or in lieu of the prosecution of a violation of this chapter as a criminal act of an adult, the Police Chief, or Sheriffs Department, with the approval of ( or according to rules and procedures approved by) the City Manager, shall be authorized to offer to such minor or adult the option to perform community service, but which community service shall, if offered, contain the following minimum requirements: 1. The minor or adult shall perform at least 30 hours of community service. 2. At least one custodial parent of a minor, or if none, a guardian, shall be in

attendance during at least 50% of the period of time assigned to said minor for community service. 3. The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police or Sheriffs Department. 4. Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To the extent that the offense giving rise to the offer of Community Service Diversion Program constitutes a violation of this chapter, reasonable effort shall be made by the

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Chief of Police or Sheriffs Department to assign the minor or adult to a community service which constitutes, in significant part, the removal of graffiti. B. Mandatory juvenile delinquent community service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the City shall, at the City' s option, be required to perform community service, including graffiti removal service of not less than 30 hours or more than 80 hours. C. Penalties for violation. Each and every violation of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Manager, pursuant to Chapter 1. 12 of this code. Ord. No. 92- 7, Enacted, 05/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94)

Section 8. 38. 050 Detection Provisions

A. Authority to post reward; claims. 1. Pursuant to Section 53069. 5 of the Government Code, the City Council, by adoption of a resolution, may post a reward not to exceed $ 1, 000 per incident for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 by the application of graffiti. In the event there are multiple contributors of such information, the reward manner it shall deem appropriate. For the purposes ofamount may be divided by the City in the this section, diversion of the offending violator( s) to the Vista Diversion Program shall constitute a conviction. A plea bargain to a lesser offense shall constitute a conviction. The Director of Public Works shall distribute public information to inform the community that the award has been paid and the circumstances of such award. 2. Claims for rewards under this section shall be filed with the City Clerk. Each claim shall: a. Specifically identify the date, location, and type of property damaged or destroyed. b. Identify by name the person who was convicted, or admitted to the damage or destruction of the public and/ or private property. C. Identify the court and the date upon which either the conviction or the pleas of guilty was entered. 3. All claims for reward shall be reviewed by the City Manager and shall be subject to approval. Prior to authorizing the payment of a reward, the City Manager, or his or her designee, shall investigate and verify the accuracy of the claim. 4. The person committing the offense, or if an unemancipated minor, then the custodial parent or guardian of said minor, shall be liable for reimbursement to the City of any reward paid pursuant to this section. If the custodial parent or guardian fails to pay the reward amount within 90 days from the date an invoice is submitted, and said parent lives within the City of Vista, the City shall take appropriate action( s) to secure payment by placing a tax lien on any taxable property owned by the custodial parent( s). Should the custodial parent( s) not have ownership of taxable property within the City, the City shall make every effort to secure reimbursement of the reward amount through small claims court. The City shall attempt to recover the reward amount from custodial parent(s) of unemancipated minors living outside the City of Vista jurisdiction, who fail to make payment to the City within 90 days. sale prohibited. B. Wrongful display for No person, firm or entity engaged in a commercial enterprise (" seller") shall display for sale, trade or exchange any graffiti implement except in such place and manner as to permit continual supervision by an employee or the store owner. Graffiti implements shall be contained in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building structure, and shall at all times, except

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during access by authorized representatives, remain securely locked. Ord. No. 92- 7, Enacted, 05/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94; Ord. No. 97- 21, Amended, 12/ 16/ 97; Ord. No. 2008- 11, Amended, 4/ 8/ 08)

Section 8. 38. 060 Access to Graffiti Implements by Minors

A. Furnishing to minor prohibited. It shall be unlawful for any person, other than a

parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker or graffiti stick to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be required to be given in writing in advance. B. Wrongful display for sale prohibited. No person, firm or entity engaged in a commercial enterprise (" seller") shall display for sale, trade or exchange any graffiti implement except in such place and manner as to permit continual supervision by an employee or the store owner. Graffiti implements shall be contained in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked. Ord. No. 92- 7, Enacted, 05/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94)

Section 8. 38. 070 Removal of Graffiti

require removal owner. by property It is unlawful for any person A. Right of City to who is the owner of property, or who has primary responsibility for control over property, or who has primary responsibility for the repair or maintenance of property (" responsible party"), to permit property that has been defaced with graffiti to remain so defaced for a period of seven calendar days after having been given notice of the violation of this section, unless: 1. Said person is able to establish a lack of financial ability to remove the defacing graffiti. In such cases, the Director of Public Works shall obtain property owner' s written agreement and consent to release the City from liability upon such determination, and the City shall then remove the graffiti at City expense; or 2. It can be demonstrated that the responsible party has an active program for the removal of such graffiti and has scheduled the removal of the graffiti as part of that

program. In such cases, it shall be unlawful to permit the property that has been defaced with graffiti to remain defaced for the period of time to be agreed upon by the Director of Public Works, or his designee, as being just and reasonable, but not more than 15 calendar days after notice has been given. B. Declaration of nuisance. 1. Graffiti as a nuisance. The existence of graffiti within the city limits of the City of Vista shall be deemed to be a public nuisance. Any responsible party who fails to remove or abate such public nuisance when ordered to do so upon proper authority is guilty of an infraction offense under the provision of this code and may be issued a citation in accordance with Chapter 1. 12. 2. Graffiti attracting surface as a nuisance. The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five times in a six month period, shall be deemed a public nuisance, which may be abated by minor modifications thereto, or to the immediate area surrounding such surface, according to the following provisions and procedures. Said surface or surfaces may be retrofitted to the maximum extent possible, at the expense of the property owner, or at the cost of the City, at the City's option, with such features or material as may be necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti,

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upon the determination of the City. For the purposes of this section, the City Council intends that the property owner and the Director of Public Works shall cooperate in establishing a mutually agreeable method of abatement of this nuisance. C. Right of City to remove graffiti. 1. Use of public funds. Whenever the City becomes aware, or is notified and determines that graffiti is found on public or privately owned property within the city, the City shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than where the graffiti is located, unless the Director of Public Works or his designee, finds and declares in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. 2. Consent to enter; abatement upon failure to obtain consent. a. Securing owner' s consent. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of removal of graffiti, the City shall attempt to secure the consent of the property owner, and a release of the City from liability for damage or injury to private or public property. b. Failure to obtain owner' s consent. If a responsible party fails to remove the offending graffiti within the time herein specified or if the responsible party has refused to give consent to the City for entry on terms acceptable to the City consistent with the provisions of this section, the City may commence Abatement and Cost Recovery Proceedings for the removal of the graffiti according to the following procedure: C. Abatement of nuisance and cost of abatement. 1) Notice and conduct of abatement hearing. The City Manager, or his or her designee (" Hearing Officer"), shall give not less than 48 hours notice of a hearing to be held by the Hearing Officer for the purpose of showing cause why the public nuisance should not be abated by the City. The notice shall be served upon the responsible party, and if the responsible party is not the owner of record, then also upon the owner of record of the property on which the public nuisance is located in the same manner as provided for service of a summons in accordance with Article 3 ( commencing with Section 415. 10) of Chapter 4, Title 5, Part 2 of the Code of Civil Procedure. If the owner of record of the subject property on which the public nuisance is located cannot be found after diligent search, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of at least ten days and by publishing said notice in a newspaper of general circulation within San Diego County in the manner provided by Section 6062 of the Government Code. Following proper notice, the hearing shall be held by the Hearing Officer at the time, date, and place designated and at such hearing the responsible party and the owner of record of the property may each be heard and provided with the opportunity to show cause why the nuisance should not be abated. Following the hearing, the Hearing Officer shall determine whether abatement of the nuisance shall be commenced. The decision of the Hearing Officer is final and is not subject to appeal to the City Council. 2) Abatement of Nuisance. If the Hearing Officer determines that abatement of the nuisance shall be commenced, a written notice (" Eradication Order") shall be issued to the responsible party; and the owner of record if known, providing that if the public nuisance is not removed within five days, the City shall enter upon the property and cause such nuisance to be removed in the manner determined most appropriate by the Hearing Officer. Upon removal of the public nuisance, the City shall provide an accounting of the costs of abatement along with a demand for payment to the responsible party, and to the owner of record if known.

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on protest. The responsible 3) Payment of costs; hearing party and the owner of record shall be jointly and severally liable for payment of the costs of abatement, and such payment is due and payable immediately upon the issuance of an accounting and demand for payment by the City. If payment is not made within 60 days from the date the accounting and demand for payment, the payment shall be deemed delinquent and shall be subject to a penalty assessment of $ 100 plus interest on the unpaid amount plus penalty, which interest shall accrue at the rate of one percent per month until paid. Either the responsible party or the owner of record may protest the amount of the costs of abatement by filing a written letter of protest of the amount within the 60- day period from the date issued. The letter of protest shall set forth the basis for the protest. Upon receiving a letter of protest, the Hearing Office shall set the matter for a hearing by the City Council. At such hearing, the City Council shall determine the protest. 4) Lien on property upon determination of protest or nonpayment. Upon determination of a protest of the cost of abatement by the City Council, or in the event there is no protest and the cost of abatement has not been paid within 60 days from the date of issuing an accounting and demand for payment, the amount unpaid including any penalty and interest thereon, shall constitute a lien and an assessment on the property pursuant to Section 38773, et seq., of the Government Code. The Hearing Officer shall record a notice of lien and assessment on the official records of the County Recorder. Any such liens or assessments not paid by June 30 of each year shall upon adoption of a resolution by the City Council, be collected along with, and in the same manner as, the general property taxes. D. Conditions to ease removal of graffiti. 1. Common utility colors and paint- type. Any gas, electric, water, sewer, cable, telephone or other utility operating in the City of Vista shall paint their above-surface metal fixtures with a uniform paint type and color that is approved by the Director of Public Works. 2. Conditions on encroachment permits. All encroachment permits issued by the City shall be subject to the condition that the permittee agrees to the following: ( 1) the permittee shall apply an anti- graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works; ( 2) the permittee shall remove any graffiti within seven days; ( 3) the permittee shall give the Director of Public Works permission to remove graffiti or to paint the encroaching object, releasing the City from liability; and ( 4) the permittee shall provide the City with sufficient matching paint and/ or anti- graffiti material on demand for use in the painting of the encroaching object containing graffiti. 3. Conditions on tentative maps. Any tentative or parcel maps, special use permits, variances, or other land use entitlements, reviewed by the City may be subject to any or all of the following conditions, or similar or related conditions, if approved by the reviewing body at the public hearing required by law for approval of the tentative map, conditional use permit, variance or other similar land use entitlement; a. Use of anti- graffiti material. Developers shall apply an anti- graffiti material of a type and nature that is acceptable to the Director of Public Works to any publicly- viewable surfaces on the improvements to be constructed on the site deemed by the Director of attract graffiti ("Public Works to be likely to Graffiti Attracting Surfaces"). b. Right of access to remove graffiti. Prior to resale of any parcels on any final map or parcel map, the developer shall grant the right of entry over and access to such parcels by authorized City employees or agents, to the City for the purpose of removing or painting over" graffiti from graffiti attracting surfaces previously designated by the Director of Public Works, and the right to remove such graffiti, upon 48 hours posting of notice. C. of graffiti- removal material. For a period of two Supply to City years after the resale of their final lot, developers shall provide to the City on demand sufficient

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matching paint and/ or anti- graffiti material for use in the painting over or removal of designated graffiti attracting surfaces. d. Owner to remove graffiti immediately. Either as part of conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale, developers shall covenant in a form satisfactory to the City, which covenant shall run with the land and be for the benefit of the City, that owners of the lots shall immediately remove any graffiti placed thereon. Ord. No. 92- 7 Enacted, 5/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94)

Section 8. 38. 080 Prevention Requirements

A. Design of new graffiti attracting surfaces. Any applicant for a site plan approval,

special use permit, unclassified use permit, development agreement, or other form of development or building permit shall design any structures visible from any public or quasi- public place in a manner to provide for the prevention of graffiti, including, but not limited to the following: ( a) use of a protective coating to provide for the effective and expeditious removal of c) use of non- solidgraffiti; ( b) use of additional lighting; ( fencing; ( d) use of landscaping

designed to cover large expansive walls such as ivy or similar clinging vegetation; and ( e) use of architectural design to break up long continuous walls or solid areas. B. Retro- fitting of existing graffiti attracting surfaces; non- residential structures. Any eradication order issued during an abatement hearing held pursuant to Section 8. 38. 070 may include the following orders: 1. At owner' s cost. Any surface of a structure on a parcel of land placed in any land use other than residential which has been defaced with graffiti after removal more than five times in six months, or the immediate area surrounding said surface, shall be required to be retrofitted, at the cost of the property owner of said lot, with such feature or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. s cost. 2. At City' The owner of property on which is located a surface of a structure other than residential which has been defaced with graffiti after removal more than five times in six months, or the immediate area surrounding said surface, shall permit the City to enter upon and make such modifications thereto, at City' s cost, as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. Ord. No. 92- 7, Enacted, 05/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94)

Section 8. 38. 090 Parental Involvement Provision

Parental civil liability. A parent or legal guardian who consents to, permits, or otherwise

knowingly allows a minor under custody and control to possess a graffiti implement in violation of this chapter shall be liable for any and all costs incurred by any person, including the City, for the removal of graffiti caused by such graffiti implement, including any fees and costs incurred by such person in connection with the civil prosecution of any claim for damages. Ord. No. 92- 7, Enacted, 5/ 26/ 92; Ord. No. 94- 2, Repealed & Replaced, 01/ 25/ 94)

Section 8. 38. 100 Severability

If any section, subsection, sentence, clause, phrase or other portion of this chapter is for

any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

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would have adopted each section, subsection, sentence,The City Council declares that it

clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. Ord. No. 94- 2, Enacted, 01/ 25/ 94)

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Chapter 8.40

Insect, Pest, and Vermin Control

Sections:

8. 40. 010 Purpose - Compliance Required
9. 40. 020 Removal of Refuse, Excrement and Manure
10. 40. 030 Refuse to be Piled Pending Removal
11. 40. 040 Fly-Tight Containers Required for Dead Animals
12. 40. 050 Inspection of Premises by Health Officer
13. 40. 060 Legal Effect of Provisions
14. 40. 070 Prevention of Breeding Places for Vermin
15. 40. 080 Breeding Place of Mosquitoes Declared Public Nuisance
16. 40. 090 Breeding Place of Flies Declared Public Nuisance
17. 40. 100 Treatment of Soil to Prevent Fly Breeding
18. 40. 110 Conflicting Provisions
19. 40. 120 Violation - Penalty

Section 8. 40. 010 Purpose - Compliance Required

It is unlawful for any person, firm, or corporation to keep or maintain any livestock,

animals, poultry, or fowl within the city in violation of the provisions of this chapter. The purpose of this chapter is the protection of the lives and health of the residents of the city by the elimination of breeding places for flies and other insects, pests and vermin and the spread of disease and filth by such agents. Prior Code 14- 4; Ord. No. 69- 11, Added 3/ 3/ 69)

Section 8. 40. 020 Removal of Refuse, Excrement, and Manure

Refuse, excrement, and manure from animals, poultry, fowl, or any livestock is not

permitted to accumulate on any premises in the city for periods in excess of seven days and must be removed from such premises at not less than seven- day intervals unless spread upon officer. This provision does notand buried in the earth in a manner approved by the health apply to commercial supplies of fertilizer in dealers' stock, provided such supplies are packaged in fly-tight containers, nor to poultry pens or houses where the " deep litter" process is used within such poultry house or pen. Prior Code 14- 5; Ord. No. 69- 11, Added 3/ 3/ 69)

Section 8. 40. 030 Refuse to be Piled Pending Removal

Pending its removal from the premises, such refuse, excrement, or manure shall be piled in a well- drained area on a base at least four inches above the surrounding levels to the end that storm or surface waters will flow away from rather than into the pile. Prior Code 14- 6; Ord. No. 69- 11, Added 3/ 3/ 69)

Section 8. 40. 040 Fly-Tight Containers Required for Dead Animals

Dead animals, fowl or poultry and offal, pending removal from the premises, must be

kept in fly- tight containers. Prior Code 14- 7; Ord. No. 69- 11, Added 3/ 3/ 69)

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Section 8. 40. 050 Inspection of Premises by Health Officer

All premises, upon which any animals, poultry, fowl, or other livestock are kept shall be

subject to inspection at all times by the health officer or his agents. Prior Code 14- 8; Ord. No. 69- 11, Added 3/ 3/ 69)

Section 8. 40. 060 Legal Effect of Provisions

The provisions of this chapter are in addition to all other laws or ordinances governing or

regulating the keeping of animals, poultry, fowl, or other livestock in the city and not a limitation thereof. Prior Code 14- 9; Ord. No. 69- 11, Added 3/ 3/ 69)

Section 8. 40. 070 Prevention of Breeding Places for Vermin

Other adequate means for the prevention of breeding places for flies and other insects,

pests and vermin may be substituted for the provisions of Section 8. 40. 020 when such substitution is approved in writing by the health officer; provided, however, no such substitution is permitted where the health officer determines that its use would be detrimental to the public health or safety. Prior Code 14- 10; Ord. No. 69- 11, Added 3/ 3/ 69)

Section 8. 40. 080 Breeding Place of Mosquitoes Declared Public Nuisance

Any breeding place of mosquitoes in the city is a public nuisance.

Prior Code 14- 12; Ord. No. 70- 26, Added 6/ 15/ 70)

Section 8. 40. 090 Breeding Place of Flies Declared Public Nuisance

Any breeding place of flies in the city is a public nuisance. A place of fly breeding" means any place where larvae or pupae are permitted to

exist in organic material so as to permit the reproduction of flies. Prior Code 14- 13; Ord. No. 70- 26, Added 6/ 15/ 70)

Section 8. 40. 100 Treatment of Soil to Prevent Fly Breeding

A. In addition to the requirements of Section 8. 40. 020 for the removal of refuse, excrement and manure from under poultry and fowl cages within the city in all cases where there is not a smooth cement floor extending at least two feet beyond the outermost edge of poultry houses that would reasonably facilitate manure removal and the prevention of fly breeding in the soil under the poultry cages, the soil under said poultry cages shall be treated with a larvicide immediately after the removal of the refuse, excrement and manure from the poultry cages. Said larvicide treatment shall be sufficient to prevent the breeding of flies in the soil beneath the cages. B. When necessary to prevent or control fly breeding on poultry ranches, the health officer may require the application of insecticides to other portions of poultry ranches in addition to the areas specified in Subsection A of this section. Prior Code 14- 15; Ord. No. 70- 26, Added 6/ 15/ 70)

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Section 8. 40. 110 Conflicting Provisions

Provisions of this chapter relating to regulations for the keeping of animals and poultry

are in addition to any existing remedies and regulations authorized by law and are not to be construed as conflicting with or in derogation of any other provision of this code or of general law. Prior Code 14- 16; Ord. No. 70- 26, Added 6/ 15/ 70)

Section 8. 40. 120 Violation- Penalty

A. Violation of the provisions of this chapter or any order of the health officer or his

agents, made under its authority constitutes a misdemeanor and each day such violation continues after notice of the violation or order is given by the health officer or his agents constitutes a separate offense. Persons convicted of repeated violations are subject to abatement as a public nuisance and three or more convictions or violations within one 12- month period is prima facie evidence of a public nuisance subject to abatement resulting in the removal of all animals, poultry, fowl, and other livestock from the premises. B. Any person who creates, allows, suffers, or maintains a public nuisance as defined by Sections 8. 40. 080 and 8. 40. 090 is guilty of a misdemeanor. Prior Code 14- 11, 14- 14; Ord. No. 69- 11, Enacted 3/ 3/ 69; Ord. No. 70- 26, Amended 6/ 15/ 70)

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Chapter 8. 44

Security Alarms

Sections:

8. 44. 010 Definitions and Interpretation of Language
9. 44. 020 Exemptions
10. 44. 030 Registration of Alarm Agents
11. 44. 040 Alarm Permits
12. 44. 050 Direct- Dial Telephone Devices
13. 44. 060 Appeals
14. 44. 070 False Alarm — Prevention Payment
15. 44. 080 Inspection of Alarm System
16. 44. 090 Automatic Shutoff Requirement
17. 44. 100 Delay Device Requirement
18. 44. 110 Power Supply
19. 44. 120 Testing Alarm
20. 44. 130 Prohibitions
21. 44. 140 Fees
22. 44. 150 Limitation on Liability
23. 44. 160 Violation - Penalty

24. 44. 010 Definitions and Interpretation of Language

        A. Grammatical Interpretation. For the purpose of this chapter, whenever the

singular or masculine is used, it includes the plural, feminine or body corporate as necessary. B. Definitions. For the purposes of this chapter, the following words and phrases are construed as applying within the city as further set forth in this section, unless it is apparent from the context that a different meaning is intended: Alarm Agent" means any person in possession of a state-approved alarm company agent identification card containing the agent' s photograph and physical description who is employed by maintaining, moving, repairing, replacing, servicing, responding to or causing others to respond to an alarm system in or on any building, structure or facility. This definition does not apply to local safety officers as defined in Government Code Section 20019. 4. Alarm Business" means any state-approved alarm company business carried on by any individual, partnership, corporation or other entity of leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be leased, maintained, serviced, repaired, altered, replaced, moved or installed, any alarm system in or on any building, structure or facility. Alarm System" means any mechanical or electrical device which is designed or used for either the detection of fire, medical alert or intrusion into a building, structure or facility or both, which detection causes a local audible alarm or transmission of a signal or message, or which is used to evoke Sheriff or Fire Department response. Alarm systems include, but are not limited to, direct- dial telephone devices. Devices which are not designed or used to evoke Sheriff or Fire response and devices which are designed so as not to be audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition. Also not included in this definition are auxiliary devices installed by a telephone company to protect its system from damage or disruption by use of an alarm system, alarm systems affixed to vehicles and independent smoke detector systems.

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Alarm User" means any person, firm, partnership, association, corporation, or

organization of any kind which owns, leases, rents, uses or makes available for use by its agents, employees, representatives, or family, any alarm system. Appellant" means a person who presents an appeal pursuant to Section 8. 44. 060. Audible Alarm" means the sound generated by a device designed for the detection of fire in or intrusion into a building, structure or facility. Day" means a calendar day. False Alarm" means the activation of alarm system responded to by any public agency through mechanical failure or malfunction, or accidental tripping, misoperation or misuse by the lessee or owner of the alarm system or his employee or agent. Mechanical failure or malfunction caused by negligent maintenance of the system is also included in this definition. Upon failure of the Sheriff or Fire Department to find any evidence of intrusion, fire or other need or cause for activating an alarm system, a conclusive presumption of false alarm will be made. Person" means a person, firm, corporation, association, partnership, individual, organization or company. Property Owner" means the property owner of the property which has installed an alarm system. Smoke Detector" means a device which senses visible or invisible particles of combustion and is designed to emit upon activation a sound sufficient only to provide warning to the occupants of the building, structure or facility in which such device is situated. Prior Code 19- 45, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 020 Exemptions

       Public schools, as well as all City, county, state and federal facilities are exempt from the

provisions of this chapter. Prior Code 19- 46, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 030 Registration of Alarm Agents

No person shall be employed or operate as an alarm agent without having first obtained a state-approved alarm company agent identification card. Every agent so approved shall carry on his person a state card which has affixed to it a photograph of the agent, such photograph having been taken within 30 days of the issuance of the state card. The card shall also contain such statistical information, in regard to the agent, as would currently be required upon a motor vehicle driver' s license issued by the state. Prior Code 19- 47, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 040 Alarm Permits

       A. After the first false alarm, the commander of the Vista Sheriff' s Station and/ or the

Fire Chief, depending on the nature of the alarm shall notify the alarm user in writing that they need to obtain a permit. No person shall install, maintain, lease, service, repair, alter, replace, move, or use any security or emergency alarm system in a premise which has experienced a false alarm without first obtaining a City alarm permit. B. An application and a fee approved by the Sheriff Commander and the Fire Chief is required for such permit. Such permit fees shall be established by resolution of the City

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Council. Permits remain valid until revoked or suspended, or until there is a change in the user. The alarm permit application shall include the alarm location and plans and specifications outlining that location as required by the Fire Chief, type of alarm system ( silent or audible activation), type of response requested ( fire, robbery, burglary or medical emergency), name of business ( if applicable), name, home address, phone number of alarm user, subscriber and property owner, telephone number at alarm location and additional names, addresses and phone numbers of responsible persons for emergency notification. C. A separate alarm permit is required for each building or facility which contains an alarm system that could evoke an emergency response. A permit is not transferable to a new owner upon sale or transfer of an alarm location which has a permit. Prior Code 19- 48, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 050 Direct- Dial Telephone Devices

   No person shall lease, maintain, service, repair, alter, replace, move, install or use any alarm system which directly dials any telephone number of the City Fire Department or Sheriff' s Department. Prior Code 19- 49, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

9. 44. 060 Appeals

A. If the alarm user disputes any action of the Sheriff Commander or the Fire Chief, such person may appeal to the City Manager or his designee by filing with the City Manager ( or his designee) a statement addressed to the City Manager setting forth the facts and circumstances regarding the action of the Sheriff Commander or the Fire Chief. The City Manager shall review the appeal and notify the appellant in writing of the results of the review. B. The City Manager or designated representative, within ten days from the date on or his designee), shall consider allwhich such appeal has been filed with the City Manager ( relevant evidence and shall determine the merits of the appeal. The City Manager or designated representative may affirm, overrule or modify the decision of the Sheriff Commander or the Fire Chief. The determination of the City Manager shall be final. C. The right to appeal to the City Manager or designated representative from the determination of the Sheriff Commander or Fire Chief of a false alarm, terminates 15 days following the deposit of a certified letter of notification of a false alarm into the United States mail addressed to the alarm user at his mailing address as specified in Section 8. 44. 040 or personal service of such letter, advising the appellant of the penalties. Prior Code 19- 50, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 070 False Alarm — Prevention Payment

   Any alarm user who has an alarm system for the protection of real or personal property or person, or has installed on the property owner' s property an alarm system which has caused any signal, message or alarm to be transmitted to the Sheriff or Fire Department, either by direct communication from an alarm agent or an alarm business, or by a person responding to an audible alarm, and which is proven to be a false alarm, shall pay a false alarm prevention payment to the City as follows: A. The first two false alarms in any consecutive 365- day period, the 365- day period

beginning on the date of the first false alarm, shall be considered accidental and no penalty fees

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charged. The alarm user shall be notified in writing by the Sheriff Commander or the Fire Chief or their designee after the occurrence of the second false alarm, notifying him/ her that any further false alarms may result in penalty assessments. B. The alarm user of the alarm system shall be assessed penalty fees for any false alarms above the initial two false alarms in any consecutive 365-day period, as defined in subsection A of this section. Such fees shall be established by resolution of the City Council and shall be paid to the City Treasurer or his designee for deposit in the general fund. Prior Code 19- 51, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 080 Inspection of Alarm System

       Fire alarm systems shall be listed by the State Fire Marshal. The City reserves the right

to inspect all fire and security alarm systems installed within the city. All fire alarm systems installed after the adoption of the ordinance codified in this chapter must have their fire alarm plan approved by the Fire Department. Systems installed prior to adoption of the ordinance codified in this chapter may be required by the Fire Chief to submit plans and specification to verify conformance with state and local fire codes. Prior Code 19- 52, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 090 Automatic Shutoff Requirement

       All alarm systems, excluding fire alarms, shall include a device which will limit the

generation of the audible sound of the system to no longer than 15 minutes after activation, and the Sheriff Commander or the Fire Chief or their representative has the right to take such steps as may be reasonable and necessary to disconnect or otherwise render inoperable any activated alarm beyond the 15- minute period. The Sheriff Commander or the Fire Chief or their representative shall not be held responsible for damages that occur from rendering inoperable any activated alarm. Prior Code 19- 53, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 100 Delay Device Requirement

       All burglary detection alarm systems, excluding such alarm systems that are activated

with a " key" device or which generate an audible alarm, shall include a device which will provide a 30- second delay before the original alarm transmission and immediately upon being activated shall emit a signal in such a manner as to be perceptible to a person lawfully entering, leaving or occupying the premises. Such a device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation but prior to the transmission of a false alarm. Prior Code 19- 54, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 110 Power Supply

An alarm shall be supplied with an uninterruptible power supply in such a manner that the failure, interruption or reactivation of the normal utility electric service will not activate the alarm system. The backup power supply must be capable of at least four hours of continuous operation.

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Prior Code 19- 55, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 120 Testing Alarm

       A. The alarm user of an alarm system shall notify his central receiving station or

answering service prior to any service, test, repair, maintenance, adjustment, alteration or installation of his alarm system which might activate a false alarm and result in a Sheriff/ Fire Department response. Any alarm system activated where such prior notice has been given does not constitute a false alarm. B. After any false alarm caused by any malfunction of an alarm system, the alarm user has ten days to cause the alarm system to be repaired so as to eliminate such malfunction before reactivating the alarm system. Prior Code 19- 56, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 130 Prohibitions

       A. It is unlawful to install or modify an alarm system which upon activation emits a

sound similar to sirens used on emergency vehicles or for civil defense purposes. B. It is unlawful to transmit an alarm indicating that an emergency exists without being specific as to the type of emergency, such as robbery, burglary or fire. Prior Code 19- 57, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 140 Fees

       Fees prescribed in this chapter are in addition to any other lawful fees imposed by the

City for doing or conducting business with the City. Prior Code 19- 58, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

8. 44. 150 Limitation on Liability

   The City is under no obligation or duty to any property owner or lessee of an alarm system or any other person by reason of any provision of this chapter or by reason of the exercise of any privilege pursuant to this chapter, nor does this chapter impose any liability, obligation or duty upon the City in regard to, but not limited to, defects in a security or fire alarm system, any delay in transmission of an alarm message to any emergency unit, or damage caused by nonresponse or in responding to any alarm by a City officer, employee or agent. Prior Code 19- 59, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

9. 44. 160 Violation - Penalty

A. Any person who fails to make proper payments as required under Section 8.44.070, or violates any section of this chapter, is guilty of an infraction and upon conviction thereof shall be punishable according to the provisions of Section 1. 16. 010 of this code. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person.

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B. In addition to the enforcement provision set forth in Subsection A, any alarm user

who fails to make proper payments as required under Subsection 8.44. 070, or violates any section of this chapter may be subject to the administrative citation process, as described in Chapter 1. 13 of this code. C. Any fines or fees owed to the City under any of the provisions of this chapter are considered a debt to the City. To enforce that debt, the City may file a civil action or pursue any other legal remedy to collect such money. Prior Code 19- 60, Ord. 90- 14, Amended, 4/ 23/ 90; Ord. No. 2004- 7, Amended and Re- adopted in its entirety, 8/ 24/ 04)

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Chapter 8.48

Septic Tanks and Cesspools

Sections:

8. 48. 010 Adoption County Regulations Relating to Septic Tanks and Cesspools
9. 48. 020 Health Permit Fees

Section 8. 48. 010 Adoption County Regulations Relating to Septic Tanks and Cesspools

There is adopted by the City Council, for the purpose of regulating septic tanks and

cesspools, that certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 3 of Division 8 of Title 6, relating to septic tanks and cesspools. One copy of the County Code is filed in the Office of the City Clerk and is adopted and incorporated as though fully set out at length in this section and from the date on which the ordinance codified in this section takes effect, the provisions thereof are controlling within the limits of the city. Prior Code 25- 3; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 63- 13, Amended 5/ 14/ 63; Ord. No. 90- 16, Amended, 5/ 29/ 90)

Section 8. 48. 020 Health Permit Fees

Every person applying for a permit under the provisions of this chapter shall, at the time

of making an application for such permit, pay a fee the exact amount of which shall be determined by the county and kept on record by the County Department of Health Services and filed in the City Clerk' s office. Prior Code 25- 4; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 63- 13, Amended 5/ 14/ 63)

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Chapter 8. 50

Urinating or Defecating in Public

Sections:

8. 50. 010 Urinating or Defecating in Public

Section 8. 50. 010 Urinating or Defecating in Public

No person shall urinate or defecate in or on any street, sidewalk, alley, plaza, park,

public building or publicly maintained facility, or in any place open to the public or exposed to public view. This section shall not apply to urination or defecation which is done in any fixture provided for such purposes in any restroom or other facility designed for the sanitary disposal of human waste. Any person who violates this section is guilty of a misdemeanor. Ord. No. 97- 2, Enacted, 01/ 28/ 97)

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Chapter 8. 52

Storage and Disposal of Medical Waste

Sections:

8. 52. 010 Adoption of County Regulations Relating to Storage and Disposal of Medical Wastes
9. 52. 020 Violation - Penalty
10. 52. 030 Additional Remedies

Section 8. 52. 010 Adoption of County Regulations Relating to Storage and Disposal of Medical Wastes

There is adopted by the City Council for the purpose of prescribing regulations governing

conditions hazardous to life and property from infectious and medical wastes, and establishing fees for permits, that certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 12 of Division 8 of Title 6: Sections 68. 1201 through 68. 1211 inclusive, Section 68. 501 Subsection ( 16), Section 68. 504 and Section 65. 107h( 7), relating to the regulation of the storage and disposal of medical wastes, and related fees. Not less than three copies of said code are filed in the Office of the City Clerk and the same is adopted and incorporated as fully as if set out at length in this section, and from the date on which this section takes effect the provisions thereof are controlling within the limits of the city. Prior Code 14- 1. 1; Ord. No. 89- 36, Amended 9/ 11/ 89)

Section 8. 52. 020 Violation - Penalty

A. Criminal Penalty. Violation of any of the provisions of this chapter is a misdemeanor punishable by imprisonment in the county jail not exceeding one year, or a fine not exceeding $ 10, 000, or both. B. Civil Penalty. Any person who violates any of the provisions of this chapter is liable for a civil penalty not to exceed $ 15, 000 for each such violation. Prior Code 14- 1. 1; Ord. No. 89- 36, Amended 9/ 11/ 89)

Section 8. 52. 030 Additional Remedies

The civil and criminal provisions of this section are remedies in addition to any existing

remedy authorized by law and are not to be construed as conflicting with or in dereliction of, any provisions of this chapter or of this code or of law. Said provisions are to be construed as independent and nonexclusive and in no way conditioned upon each other. Prior Code 14- 1. 1; Ord. No. 89- 36, Amended 9/ 11/ 89)

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Chapter 8. 56

Water Well Standards

Sections:

8. 56. 010 Adoption of County Regulations Relating to Water and Well Standards
9. 56. 020 Violation - Penalty

Section 8. 56. 010 Adoption of County Regulations Relating to Water and Well Standards

There is adopted by the City Council, for the purpose of setting water and well

standards, that certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 4 of Article 1 of Division 7 of Title 6, relating to water and well standards. One copy of the County Code is filed in the Office of the City Clerk and the same is adopted and incorporated as though fully set out at length in this section and from the date on which the ordinance codified in this section takes effect, the provisions thereof are controlling within the limits of the city. Prior Code 14- 36; Ord. No. 86- 21, Adopted 5/ 13/ 86; Ord. No. 90- 16, Amended 5/ 29/ 90)

Section 8. 56. 020 Violation - Penalty

Any person violating the provisions of this chapter is guilty of a misdemeanor and upon

conviction is punishable according to the provisions of Section 1. 16. 010 of this code. Prior Code 14- 37; Ord. No. 86- 21, Adopted 5/ 13/ 86)

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Chapter 8.60

Weed and Rubbish Abatement Procedures

Repealed by Ordinance 2025-02, 04/22/2025.

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