Chapter 9.35 — PROPERTY MAINTENANCE STANDARDS

This chapter sets forth comprehensive minimum maintenance standards for residential structures, yards, land, landscaping, facilities, and equipment for the purpose of protecting the health, safety, and welfare of the public, and helping to preserve property values. (Ord. 254, 12-16-2014)

The provisions of this chapter shall apply to all private and public residential property within the town of Yucca Valley. Property maintenance standards shall apply to all residential development, whether constructed before or after the effective date of this section. (Ord. 254, 12-16-2014)

In the event of any inconsistency between this chapter and any other provisions or other sections of this code, including title 6, chapter 6.08, "Maintenance Of Abandoned Properties", title 11, chapters 11.10, "Vehicle Abatement", 11.20 "Graffiti Abatement", 11.60, "Dumping Waste; Nuisance Vehicles", and 11.70, "Litter And Littering", of this code or in the event that this chapter conflicts with laws of the state or other town ordinances, the higher standard - the standard that provides for a higher level of property maintenance - shall prevail, unless otherwise specified. This chapter shall supplement and be an addition to the other relevant regulatory codes, statutes, and ordinances enacted by the town of Yucca Valley, state of California, or any other legal entity or agency having jurisdiction. (Ord. 254, 12-162014)

A. General: All residential properties within the town shall be kept and maintained in a clean, neat, orderly, operable, and usable condition that is safe both to occupants and passersby. This requirement applies to structures, portions of structures, paving, fences, walls, landscaping, water, earth, and any other structure or natural feature. B. Prohibition On Attractive Nuisances: Any property which can be easily accessed by children must be kept clear of attractive nuisances that create a danger for children and other persons, including, but not limited to, inoperative vehicles, abandoned, neglected, or broken equipment, machinery, appliances, refrigerators or freezers; construction materials and construction equipment; and hazardous pools, ponds, and excavations. (Ord. 254, 12-16-2014)

All structures and paved areas shall be kept and maintained in a manner so as to not detract from the appearance of surrounding properties, and that protects the health, safety and welfare of the user, occupant, and the general public. All such structures and paved areas shall be deemed substandard and in violation of this chapter, as determined by the building official or code compliance officer, when such structures or paved areas display evidence of dilapidated conditions including, but not limited to, the following:

A. Faulty, sagging, or leaking roof, missing roof tiles, or other visible roofing materials such that the roof is structurally unsafe or allows penetration of water to the substructural elements such as sheathing, roofing felt, rafters

or ceiling, or exposes substructural elements to view;

• B. Substantial areas of deteriorated structure siding materials including, but not limited to, dry rot, termite

infestation, dented or rusting metal siding, broken or missing pieces of stucco, or other siding materials such that the building or structure is unsightly;

• C. Broken or missing windows which constitute a hazard and an invitation to trespassers or vagrants;

• D. Inadequate site drainage and/or standing water which causes hazardous or unsightly conditions, a breeding area for insects, or erosion of structure foundations or soil;

• E. Broken, inoperable or abandoned sanitary and plumbing facilities and/or fixtures;

• F. Broken or missing foundation;

• G. Broken, damaged or missing window screens, attic vent screens, or underfloor vents, rendering these items unusable and causing an attractive nuisance;

• H. Structural defects such as warped, bowed or sagging structural members including, but not limited to, headers, sills, beams, eaves, doorways, door jambs, and similar structural or architectural elements;

• I. Damaged woodwork or wall coverings, including, but not limited to, unpainted surfaces, weathered or peeling paint, damaged brickwork, stonework or stucco, such that the affected area is in excess of the following:

1. Ten percent (10%) of the total exposed material used for trim, fascia, rafters and rain gutters;

2. Five percent (5%) of wall surfaces as measured along any single plane of the building. (Ord. 254, 12-16-2014)

All fences and walls shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health, safety, and welfare of the user, occupant, and general public. Fences and walls shall be deemed substandard and in violation of this chapter when they display evidence of dilapidation or other conditions, such as any or all of the following:

• A. Sagging, broken, rotted, or defective support posts or other structural members;

• B. Missing or broken fence boards;

• C. Damaged or missing blocks from a block wall;

• D. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas;

• E. Chainlink fence material which is damaged or broken;

• F. Portions of the fence or wall which are substantially defaced with graffiti;

• G. Any condition of deterioration or any fault resulting in the fence or wall being structurally unsound or otherwise hazardous to property owners, occupants, or passersby;

• H. Height extensions of walls or fences in violation of this development code. (Ord. 254, 12-16-2014)

Parking, storage, stockpiling, or maintenance of any of the following items on private property must be screened from any public right of way and adjoining properties, except as provided in subsection C of this section. Objects and activities will be considered "screened" when they are either: a) not visible from a public right of way, or b) behind a solid six foot (6') high fence or wall.

• A. Furniture And Other Equipment: Furniture or other equipment, including, but not limited to, couches and chairs, household appliances, sinks, heaters, boilers, tanks, other household equipment, or any parts thereof.

• B. Materials: Building materials, including, but not limited to, packing boxes, lumber, dirt piles, wood, landscape materials, or debris.

• C. Exceptions: The following may be allowed in front yards under the noted circumstances:

1. Waste haulers and recycling containers may be placed for pick up in accordance with section 9.07.120 of this title.

2. Portable on demand storage containers (PODS) used for the temporary storage of personal property owned or rented by the occupants may be allowed for a period not to exceed two (2) weeks.

3. Building materials, vehicles, equipment, or construction tools may be placed in yards during construction with a valid building permit.

4. Personal property owned or rented by the occupants may be repaired, washed, cleaned, and serviced, subject to any other relevant regulations, provided that vehicles are parked in a driveway and that all work is completed within thirty (30) days.

5. Barbecues and furniture that is designed and intended for outdoor use may remain on a porch or patio. (Ord. 254, 12-16-2014)

All yards, landscaped areas, and other areas of private property surrounding structures shall be kept free of trash, old building materials, junk, unregistered or inoperative vehicles, broken or discarded furniture, boxes, salvage materials, shopping carts, and other such material and equipment which, by its appearance, location or use, makes it incompatible with the principal use or other predominate principal uses in the immediate neighborhood. (Ord. 254, 1216-2014)

A. All parking areas and driveways shall be kept and maintained so as to not detract from the appearance of surrounding properties, and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of inoperative vehicles, abandoned items, trash, debris or rubbish, furniture, equipment, play equipment, or similar materials, and free of potholes, sinkholes, standing water, cracks, and/or broken areas.

B. When any paved area, which includes sidewalks, driveways, and private roadways, is dilapidated, deteriorated or destroyed to such an extent as to no longer be effective it shall be deemed substandard and in violation of this chapter. (Ord. 254, 12-16-2014)

A. All landscaped areas shall be kept and maintained in a manner that does not detract from the appearance of the surrounding properties, and that protects the health, safety, and welfare of the user, occupants, and general public.

B. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area.

C. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy, growing condition. Irrigation systems shall be kept in good working condition and repair so as to prevent leaks or public health hazards.

D. Vegetative overgrowth shall not be permitted in a manner that is likely to harbor rodents, vermin, insects, or other nuisances; or impede, obstruct, or deny pedestrian or other lawful travel on sidewalks, walkways or other public rights of way. (Ord. 254, 12-16-2014)

A. It shall be the responsibility of any owner of any structure, residence, property, grounds or lots to ensure or compel compliance with the property maintenance standards set forth in this chapter.

B. It shall be the responsibility of any owner, tenant, lessee, or occupant of any structure, residence, property, grounds or lots to remove debris and remove any vegetation that is in violation of this chapter that has accumulated on any streets within the town, if such person(s) placed the debris on such private property or streets, or otherwise owns, is occupying, or has custody or control over such private property or streets. (Ord. 254, 12-16-2014)