Chapter 8.02
NUISANCE ABATEMENT
Sections:
8.02.020 Public nuisances included.
8.02.030 Maintenance of property.
8.02.040 Criminal enforcement and penalties for violations.
8.02.050 Civil and administrative enforcement and penalties for violations.
8.02.060 Alternative remedies provided.
8.02.070 Appeal of administrative enforcement.
8.02.080 No mandatory duty of care.
8.02.010 Purpose.
Pursuant to Government Code Section 38771 et seq., the city council establishes the procedures set forth in this chapter for the abatement of nuisances. (Ord. 659-2008 § 4 (part), 2008)
8.02.020 Public nuisances included.
The provisions of this chapter shall be applicable to any nuisance heretofore or hereafter defined as a nuisance by any resolution of the city council, chapter of the Cloverdale Municipal Code or statute of the state. Except when provisions of this code relative to abatement procedures are in conflict with these general provisions, the specific provisions shall prevail. (Ord. 659-2008 § 4 (part), 2008)
8.02.030 Maintenance of property.
In addition to other conditions defined to be nuisances in Chapters 1.10 through 1.15 or other sections of the municipal code, maintaining any premises in the city by any person who owns, leases, occupies or has charge or possession of such premises in any of the following conditions is a public nuisance:
A. Buildings that are abandoned, boarded up, partially destroyed, substantially deteriorated, or left unreasonably in a state of partial construction without a valid unexpired building permit;
B. Unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds;
C. Broken windows constituting hazardous conditions and inviting trespassers, illegal and unauthorized uses, or malicious mischief;
D. Overgrown vegetation:
1. Causing detriment to neighboring properties or property values,
2. Causing a hazardous condition to pedestrian and/or vehicular traffic, and/or
3. Likely to harbor rats, vermin or other nuisances;
E. Dead trees, weeds and debris:
1. Constituting an unsightly appearance and/or causing offensive odors,
2. That are dangerous to public safety and welfare,
3. That are detrimental to nearby property or property values, and/or
4. That create a ready source of fuel for combustion;
F. Attractive nuisances dangerous or potentially dangerous to people in the form of:
1. Abandoned and/or broken equipment,
2. Pools, ponds or excavations without adequate barriers,
3. Neglected, unprotected and/or unsecured machinery, and/or
4. Unsecured and unoccupied abandoned buildings and structures;
G. Items such as, or similar to, the following, and that are stored in yards and visible from public streets or other rights-of-way and/or other properties:
1. Trash, junk, garbage, and debris,
2. Household goods,
3. Mattresses,
4. Cans of stains, paints or solvents,
5. Vehicle and/or bicycle tires, tire racks, rims, wheels, etc.,
6. Inoperative vehicles, vehicles in various states of disrepair and vehicle parts,
7. Cabinets and other furniture not intended for outdoor use,
8. Clothing,
9. Appliances,
10. Construction materials and/or tools,
11. Yard or garden equipment in excess of that which is reasonable and appropriate for maintaining the property at which it is located,
12. Bicycles, scooters or like items in excess of that which is reasonable for use by the current occupants of a property,
13. Items of any sort or of any quantity that are evidence of an illegal operation or business, or create the appearance thereof, and/or
14. Any other refuse or waste that is not stored in a closed receptacle issued by the city’s current garbage hauling contractor;
H. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by California Civil Code Section 3480, as amended from time to time;
I. Any building, structure or portion thereof or areas of access that have any of the following conditions or defects to a significant degree or as otherwise noted:
1. Any door, aisle, passageway, stairway, window or other means of exit not of sufficient dimensions, or not arranged so as to provide safe and adequate means of egress, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway, window or other means of exit,
2. Any portion of any building or structure that has been damaged by earthquake, wind, flood, rain, or any other cause, such that the structural strength, stability or integrity of such building or structure is appreciably less than is suitable for occupancy and is less than the minimum requirements of building code regulations enforced by the city,
3. Any portion of a building or any member, appurtenance or ornamentation on the exterior thereof that is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property,
4. Any building, portion of a building or any member, appurtenance or ornamentation on the exterior thereof not of sufficient strength or stability or not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-loads or dead-loads as specified in the building code regulations enforced by the city without exceeding the working stresses permitted therein,
5. Any portion of any building or structure that has settled or otherwise been repositioned or reconfigured so that structural portions of the building or structure have less resistance to winds, earthquakes and/or other forces than is adequate for safe occupancy and/or have less resistance to such forces than is otherwise required by building code regulations enforced by the city,
6. Buildings or structures, or any portion thereof, that are likely to partially or completely collapse or otherwise fall or give way, or in which some portion of the foundation or underpinning is likely to fail, because of dilapidation, deterioration, decay, faulty construction, infestations, the removal, loss, or movement of a portion of the soil necessary to adequately support such buildings or structures or portion thereof, or some other cause,
7. A building or structure, or any portion thereof, that, for any reason whatsoever, is manifestly unsafe for the purpose for which it is used or intended to be used,
8. A building or structure that has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated that it becomes an attractive nuisance to children who might play therein to their danger, or affords a harbor for vagrants, criminals or immoral persons, or enables persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts,
9. A building or structure that has been constructed, now exists or is maintained in violation of any requirements or prohibitions applicable to such building or structure, or in violation of the building and housing code regulations enforced by the city,
10. A building or structure, used or intended to be used for dwelling purposes, that, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the code enforcement officer or a health official, or is likely to contribute to injury to the health, safety or general welfare of those living within,
11. A building or structure that, by reason of obsolescence, dilapidation, deterioration, damage, substandard electric wiring, gas connections, or heating apparatus, or similar conditions, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity, or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause, and/or
12. Any sidewalk or driveway that is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or persons using the same. (Ord. 659-2008 § 4 (part), 2008)
8.02.040 Criminal enforcement and penalties for violations.
Violations of this chapter may be prosecuted as infractions as defined in Section 19(c) of the California Penal Code, as amended from time to time. Violations charged as infractions shall not be subject to imprisonment and shall be subject to a fine not exceeding five hundred dollars for each offense. At the discretion of the charging officer and/or city attorney, violations of this chapter may also be charged as misdemeanors punishable by a fine of not more than one thousand dollars or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. If a code enforcement officer elects to charge a violation of this chapter as a criminal violation, such code enforcement officer shall issue a criminal citation with a notice to appear, signed by the alleged violator. If the person cited refuses to sign the notice to appear, or as an alternative to issuing a notice of violation, the matter may be assigned to the city attorney for issuance of a criminal complaint. In no event may the penalty imposed pursuant to this section exceed that which is permitted under state law. (Ord. 659-2008 § 4 (part), 2008)
8.02.050 Civil and administrative enforcement and penalties for violations.
Violations of this chapter are declared to be public nuisances. Violations of this chapter may be prosecuted as a nuisance and enforced by a civil court action as provided in Chapter 1.13 or via administrative enforcement as a nuisance as provided in Chapter 1.14. Notwithstanding any other provisions of this chapter, whenever the existence or continuance of any violation of this chapter or any nuisance condition poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, such violation or condition may be summarily abated in accordance with Section 1.15.010. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. (Ord. 659-2008 § 4 (part), 2008)
8.02.060 Alternative remedies provided.
In addition to the other remedies specified in this chapter, violations of this chapter are subject to the enforcement remedies in Chapters 1.10 through 1.12 and 1.15. In addition, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power of the city. All such remedies shall be alternative to or in addition to or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of the city. (Ord. 659-2008 § 4 (part), 2008)
8.02.070 Appeal of administrative enforcement.
A responsible person charged with a violation of this chapter pursuant to Chapters 1.10 through 1.20 shall be entitled to pursue the appeal procedures set forth in Chapter 1.20 for responsible persons named in notices of violations. (Ord. 659-2008 § 4 (part), 2008)
8.02.080 No mandatory duty of care.
This chapter is not intended to impose, and shall not be construed or given effect in a manner that imposes, upon the city, or any officer, employee, agent, or representative of the city, a mandatory duty of care toward persons or property within or without the city limits, so as to provide a basis of civil liability for damages, except as may otherwise be imposed by law. (Ord. 659-2008 § 4 (part), 2008)