Chapter 16.20 MAINTENANCE OF PROPERTY*

Chapter 16.20
MAINTENANCE OF PROPERTY*

Sections:

16.20.030 Notice of violation – Remedies.

* Prior legislation: Prior code § 4262.

16.20.010 Enforcement officers.

The city manager shall appoint code enforcement officers who shall have the authority and duty to enforce the provisions of this chapter and any ordinances of the city as may be from time to time designated or assigned by the city manager. Code enforcement officers may issue citations for violations of this chapter pursuant to California Penal Code Sections 836.5; 853.5, et seq; and Chapter 1.12 BGMC. Code enforcement officers shall report to the city manager for the proper performance of their duties and shall be subject to removal by the city manager. Discretion is given to the director of community development or his or her designee to determine the party responsible for violating this chapter or any material question of fact raised in this chapter. (Ord. 876 § 2, 2016; Ord. 763 § 1, 2002; Ord. 704 § 1, 1998).

16.20.020 Condition of property.

A. No person who owns, occupies, leases, rents, manages, or otherwise controls and/or possesses any real property shall allow, cause, create, suffer, maintain or permit to exist on any part of the real property any 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 or tends to cause unsightly and/or unsafe property erosion or 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 vegetation, weeds, or dead, decayed or diseased trees or other vegetation which constitute an unsightly appearance, or which are dangerous to public safety or welfare, or which are detrimental to nearby property or property values.

a. “Overgrown vegetation” includes, but is not limited to, any one of the following: (i) vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects; (ii) vegetation causing or tending to cause detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to: (A) lawns with grass in excess of six inches; (B) hedges, trees, or other plant material that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, and/or watering; (iii) vegetation that creates, or promotes, the existence of a fire hazard; (iv) vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property; or (v) tree branches or other vegetation within five feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.

b. For purposes of this subsection, the term “weeds” is defined pursuant to Section 39561.5 of the California Government Code.

c. “Dead, decayed or diseased trees or other vegetation” includes dry or dead ground cover or other vegetation, or the absence of healthful vegetation, that causes, contributes to, or promotes, any one of the following conditions or consequences: (i) the creation or promotion of dust or soil erosion; (ii) a fire hazard; (iii) a diminution in property values; or (iv) a detriment to public health, safety or welfare;

3. Storage or accumulation of debris, rubbish and trash visible from the public right-of-way for a period of more than 24 hours;

4. Storage or accumulation of broken, discarded or inoperable household furnishings, appliances, tools or machinery, play equipment or other similar items when visible from the public right-of-way;

5. Materials or items of any kind stored on rooftops when visible from the public right-of-way or from neighboring properties;

6. Clothes lines in front yard areas, or clothing, laundry or merchandise draped over walls or fences;

7. Garbage or trash cans or containers, and yard waste and recycling containers (a) stored in front or side-yard areas which are visible from the public right-of-way, except at times that solid, yard waste, or recyclables are scheduled for collection by the city or its permitted collector(s) or (b) emitting offensive odors to adjacent properties;

8. Fences or walls which are unsightly, unsafe, in a state of disrepair or which hinder or obstruct access to public sidewalks;

9. Attractive nuisances, including, but not limited to, unsecured and/or hazardous pools, ponds, excavations, refrigerators, washing machines, clothes dryers, or stoves;

10. On-site and off-site signs, as those terms are defined in BGMC 9.40.020, which advertise uses no longer conducted, or products no longer sold, if such signs are not removed within the time prescribed by Chapter 9.40 BGMC;

11. Temporary signs, including temporary “banner signs” and “real estate signs” as defined in BGMC 9.40.020, not removed within the time prescribed by Chapter 9.40 BGMC;

12. Abandoned, wrecked, dismantled or inoperative automobiles, trailers, campers, boats or similar vehicles, unless kept, placed, parked or stored within a completely enclosed, lawfully constructed structure. “Inoperative automobiles or vehicles” shall mean and include, without limitation, any vehicle that is immobilized or mechanically incapable of being driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles that have a “nonoperational” status with the California Department of Motor Vehicles, or that are lacking a current and valid registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part of equipment necessary for its legal and safe operation on a highway or any other public right-of-way;

13. Parking of motor vehicles on unpaved portions of the property, or on areas not in conformance with the Bell Gardens zoning ordinance, within view of the public right-of-way;

14. Swimming pools maintained or operated in such a manner that are likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained;

15. Displaying of merchandise items “for sale” outside an approved establishment;

16. Erecting an unsightly structure or covering, viewable from a public right-of-way;

17. Causing, permitting, aiding, abetting or suffering any graffiti (including defacement due to any writing, inscription, figure, scratches, or other markings) that is visible from any real property, public street, sidewalk, alley or other public right-of-way or other area open to the public to remain on: any building or structure exteriors, or portions thereof; walls; fences; trees; driveways; walkways; or any vehicle owned, possessed, or within the custody or control of such person. (Ord. 876 § 2, 2016; Ord. 763 § 1, 2002; Ord. 704 § 1, 1998).

16.20.030 Notice of violation – Remedies.

A. Whenever it is determined that a violation of any provision of this chapter exists, is occurring, or is being maintained or permitted on any real property, and said violation does not pose an immediate threat to the public peace, health, safety or welfare, a notice of violation may be issued to any person who owns, occupies, leases, rents, manages, or otherwise controls and/or possesses said real property. The notice of violation shall list all violations; a statement of the proposed methods of abatement; and a reasonable compliance period by which the violation(s) shall be abated, but no more than 30 calendar days.

B. Should the violation(s) not be abated during the time specified in the notice of violation, the city may proceed with any available means of enforcement, including referring the case to the city prosecutor’s office. The city prosecutor’s office may commence criminal court proceedings by issuing a notice of arraignment to all responsible parties, or commence any other enforcement remedy as allowed by law or equity.

C. Nothing in this section or chapter shall limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law at any point in time. (Ord. 876 § 2, 2016).

16.20.040 Penalty for violation.

A. Any violation of BGMC 16.20.020 or this chapter constitutes a misdemeanor offense and shall be punishable pursuant to Chapter 1.12 BGMC, General Penalty.

B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is maintained or permitted by such person to continue, and shall be punishable accordingly.

C. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed to be a public nuisance, and may be by this city summarily abated as such. (Ord. 876 § 2, 2016).