Chapter 5.27 NUISANCES

It shall be unlawful for any person owning, renting, leasing, occupying or having charge or possession of any real property in the City to maintain such property in a manner that any of the following conditions are found to exist thereon, except as may be allowed by the Municipal Code. These conditions meet one or more of the following criteria and are considered nuisances subject to abatement and cost recovery pursuant to Chapters 28 and 29 of Title 5: substantially detract from the appearance of the immediate neighborhood, reduce the property value in the immediate neighborhood, are an attractive nuisance, are materially detrimental to nearby properties and improvements, are a visual blight, are offensive to the senses, or are otherwise dangerous to public health, safety or welfare.

(a) Abandoned and partial buildings. Buildings which are abandoned, vacant, partially destroyed, or left in an unreasonable state of partial construction. “An unreasonable state of partial construction” means any unfinished building or structure where the owner has been given written notice to complete the building or structure by the City’s Building Official or designee, but fails to complete construction and obtain final approval from the City in accordance with applicable laws and regulations within the time period provided by the Building Official or designee.

(b) Broken windows. Buildings with windows containing broken glass or no glass at all where the window is of a type which normally contains glass.

(c) Building materials and household fixtures and equipment. Used or damaged lumber, junk, trash, debris, concrete, scrap metal, salvage materials and abandoned, broken, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment (i) stored so as to be visible at ground level from a public street, alley or from adjoining property, or (ii) stored in a manner out of view but in an unsecured area accessible to minors, or (iii) stored in a manner as to harbor rodents, insects, or other vermin.

(d) Building residue. Residue from a fire or demolition such as concrete or brick foundations and flatwork.

(e) Construction equipment. Construction equipment or machinery of any type or description parked or stored on the property when it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

(f) Deteriorated buildings. Buildings which have become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.

(g) Deteriorated improvements. Walls, fences, hedges, driveways, sidewalks, walkways, and similar improvements which have become deteriorated, hazardous, defective, or unsightly.

(h) Encroachment. The encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable law.

(i) Garbage containers. The leaving of any garbage, rubbish, recyclable, or green waste container in a front yard area visible from a public street except during the times necessary for collection as set forth in Section 6.3.06, which provides for containers to be placed at the curb on the day of pickup and removed by noon the following day.

(j) Graffiti. Graffiti or other defacing words, letters or drawings which remain in excess of forty-eight (48) hours on the exterior of any building or fence or other structure that has not been removed or covered with paint matching the structure that was defaced.

(k) Hazardous liquids and other substances. Any property with pooled or flowing hazardous substances, including oil and similar liquids, which are not contained on site in approved storage containers and pursuant to all laws. Any property with excessive accumulations of oil and similar liquids on paved surfaces, buildings, walls, or fences. Any property where a hazardous substance is deposited, stored, released, or discharged in violation of any law.

(l) Hazardous pools, ponds, and excavations. Pools, spas, hot tubs, ponds, or other artificially confined bodies of water, and excavations, maintained in a hazardous manner which may affect the health or safety of the public, including providing a breeding place for mosquitoes, failing to comply with State and local safety requirements for pools and spas, and failing to take adequate measures to prevent public access to the area.

(m) Landscape materials. The keeping, storage, depositing, or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials for an unreasonable period of time or in a manner as to harbor rodents, insects, or other vermin.

(n) Landscaping. Front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the Director of Planning and Development Services or his or her designee. Landscaping shall also be maintained in accordance with any approved permit, site plan, or landscaping plan.

(o) Land use entitlements. The failure to comply with any condition imposed on an entitlement, permit, contract, or environmental document issued or approved by the City in connection with the property or any improvement located thereon.

(p) Laundry hanging. The hanging of clothing, laundry or routinely washed articles on porch/stair railings, fences, hedges, or other supporting structures located in front or side yards and visible from a public place.

(q) Occupied vehicles. Any vehicle, recreational vehicle, motor home, camper, camper shell, or boat occupied by any person or persons overnight, except as may be permitted in an approved location for such purpose.

(r) Offensive odors. Stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract rodents, insects, or other vermin.

(s) Personal property. The keeping, storage, depositing or accumulation of an excessive amount of personal property visible at ground level from a public street or alley.

(t) Safety hazard. The maintenance of property in a manner that presents an imminent safety hazard and/or creates a present and immediate danger to life, property, health or public safety.

(u) Sewage. The failure to properly connect any inhabited improvements to a sewage disposal system or sanitary sewer and/or permitting sewage seepage or discharge upon the ground.

(v) Signs. Improper existence and maintenance of signs relating to uses no longer conducted or products no longer sold on the property.

(w) Storage containers and dumpsters. Storing or keeping boxes, containers, or dumpsters, in excess of seventy-two (72) consecutive hours, except when otherwise permitted by the Municipal Code or when engaged in ongoing construction activity.

(x) Tarps and other temporary use items. The keeping or using of tarps or other similar items intended to be used as a temporary protective cover or shelter in a state of disrepair or beyond the intended use period, when the item is stored so as to be visible at ground level from a public street, alley or from adjoining property. Temporary use items visible for more than thirty (30) consecutive days or thirty (30) days in any calendar year shall be presumed to be beyond their intended period of use.

(y) Vehicle parts. The keeping, storage, depositing, or accumulation on the premises of motor vehicle part(s) or scrap, including tires, which is (i) visible at ground level from a public street, alley or from adjoining property, or (ii) contains more than personal use items unless allowed by previous City review or permit in appropriate commercial or industrial zones.

(z) Vehicles, including motor homes, trailers, and boats. Any vehicle, recreational vehicle, motor home, camper, camper shell, boat, or trailer parked or stored outside of a garage or carport on an unpaved surface or otherwise in violation of the Municipal Code.

(aa) Visibility hazards. The maintenance of property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection, pedestrian walkway, street sign, street light, or traffic signal. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.102 Weeds, vegetation, and rubbish.

No person, whether such person is the owner, agent, or person in control of any lot or parcel of land within the City, shall maintain, permit, or allow such premises, or adjoining public way, sidewalk, street and/or alley, to be maintained in any of the following conditions, which are declared to be a public nuisance. It is the duty of the property owner to destroy or remove all such prohibited materials.

(a) Refuge for vermin. Dead, decayed, diseased or hazardous trees, weeds, grass, rubbish, refuse, dirt, debris, or any other matter or material which may provide a breeding place or refuge for rodents, insects, or other vermin.

(b) Vegetation near chimneys. Dead vegetative growth overhanging a structure or any tree branch or other vegetative growth which extends within ten feet (10') of the outlet of a chimney.

(c) Pollen. Weeds which may produce pollen which is injurious to the health, safety, comfort, or welfare of the residents of the City.

(d) Fire hazard: Fire hydrants. Weeds, rubbish, refuse, dirt, debris, or any other matter or material which may become a fire or health hazard, or is within thirty-six inches (36") of a fire hydrant.

(e) Overhanging vegetation. Vegetative growth overhanging a public street by less than fourteen feet (14') in height or a public sidewalk by less than eight feet (8') in height.

(f) Other vegetation. Any other vegetation or materials which, because of lack of maintenance, create conditions which may become a fire or health hazard, including weeds which are otherwise subject to abatement by law. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.103 Garbage.

(a) Public right-of-way. No person shall place, or cause to be placed, upon any public way, street, or sidewalk, any refuse matter, garbage, or filth which is hazardous to public health or safety or which obstructs the free passage of such street or sidewalk for more than one hour at a time, except as may be permitted by the Municipal Code.

(b) Private property. No person in control of any lot or parcel of land within the City, whether such person is the owner, agent, or tenant, shall maintain, permit, or allow any refuse matter, garbage, or filth which is hazardous to public health or safety to exist on such premises. Garbage shall be placed in approved containers.

(c) Summary abatement. The existence of one or more of these conditions shall be considered nuisances subject to summary abatement and cost recovery pursuant to Chapters 28 and 29 of Title 5. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.104 Inoperative or abandoned motor vehicles.

It is unlawful for any person to keep, maintain, or deposit on any property in the City any abandoned motor vehicle or any inoperative vehicle as deemed in Section 4.5.1016 or the California Vehicle Code, or any part thereof, unless such vehicle or part is completely enclosed within a building in a lawful manner or is not visible from the street or from other public or private property, or unless such vehicle or part 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.

A violation of this article is a nuisance subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 except as follows:

(a) Notice to property and vehicle owner. Any notice and order to abate a public nuisance shall be personally served or mailed by certified mail to the property owner as shown on the last equalized assessment roll, supplemental roll of the County, or as otherwise known to the enforcement official or his/her designee by virtue of more recent or reliable information and to the registered and legal owners of the vehicle or part, unless the vehicle or part is in such condition that identification numbers are not available. The notice and order to abate shall provide not less than fifteen (15) days to abate the nuisance before the vehicle is removed.

A notice and order to abate a public nuisance in such condition shall not be required if both the property owner and the registered and legal owners of the vehicle or part have signed releases authorizing removal and waiving further interest in the vehicle or part.

(b) Notice of hearing and right to deny responsibility. The notice and order shall contain advice of the rights of the property owner, and of the registered and legal owners of the vehicle or part, to request a hearing within fifteen (15) days of the date of the notice. Such advice shall also notify the property owner of the right to submit a sworn statement in lieu of requesting a hearing denying responsibility for the presence of the vehicle or part, and explaining the reasons for such denial.

(c) Removal of vehicle or part: Costs assessable against property owner. At the conclusion of the hearing, or if no hearing is requested, a vehicle or part may be removed and the costs of removal assessed against the property owner pursuant to the procedures set forth in this section and Chapters 28 and 29 of Title 5. If it is determined at the hearing, or in the absence of a hearing, by the Police Department personnel responsible for implementing this article, that the vehicle or part was placed on the property without the consent of the property owner and that the property owner has not subsequently acquiesced in its presence, then the City shall not assess the costs of abatement, penalties, or other administrative fees against the property owner.

(d) Disposal of vehicle or part. After a vehicle or part has been removed pursuant to this section, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies under California Vehicle Code Section 5004 for either horseless carriage license plates or historical license plates.

(e) Nonliability. Neither the City nor a contractor thereof shall be liable for damages caused to a vehicle or part removed pursuant to this section.

(f) Notice to DMV. Notice shall be given to the Department of Motor Vehicles of the State of California within five (5) days after the day of removal, identifying the vehicle or part and any evidence of registration available, including but not limited to the registration card, certificates of ownership, or license plates. Prior to the final disposition of a vehicle or part which has been valued at less than two hundred and no/100ths dollars ($200.00), in conformance with California Vehicle Code Section 22661(c), for which evidence of registration was recovered, the City shall provide notice to registered and legal owners of intent to make final disposition of the vehicle or part if such notice has not already been provided under this section. (§ 1, Ord. 14-02, eff. March 5, 2014; § 2, Ord. 14-09, eff. August 6, 2014)

Article 2. Clovis Building Code

5.27.201 Building codes.

The Clovis Building Code shall mean the current versions of the California Building, Fire, Plumbing, Mechanical, Electrical, and related codes, as well as the Uniform Administrative Code and Uniform Code for the Abatement of Dangerous Buildings, as incorporated by reference in this Code with local amendments, except that the procedures for abatement, conducting appeals, and cost recovery shall be those set forth in Chapters 28 and 29 of Title 5. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.202 Dangerous buildings.

As set forth in Chapter 9 of Title 8, the Uniform Code for the Abatement of Dangerous Buildings shall apply to the determination of whether a building is dangerous except that the procedures for abatement, conducting appeals, and cost recovery shall be those set forth in Chapters 28 and 29 of Title 5. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.203 Nuisances.

Violations of the Clovis Building, Uniform Administrative Code, and Dangerous Building Codes are considered nuisances. (§ 1, Ord. 14-02, eff. March 5, 2014)

Article 3. Vacant Buildings

5.27.301 Vacant buildings: Nuisance and abatement.

Vacant residential, commercial and industrial buildings and all yards surrounding the building must be maintained, actively monitored, and secured in accordance with the following standards or the property will be considered blighted and a nuisance subject to abatement pursuant to the procedures set forth in Chapter 28 of Title 5, and any other available enforcement mechanisms.

“Vacant building” means real property with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, “vacant” shall mean when any one unit is unoccupied or occupied by unauthorized persons.

(a) Yard maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condition, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condition.

“Park strip” means that portion of a street right-of-way which lies between the property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, “park strip” shall mean the area of property from the property line to the edge of the pavement.

For commercial and industrial properties, “acceptable landscaping” means that at least fifty percent (50%) of the nonpaved portions of the exterior yards (those that are visible to the general public) shall be covered with live trees, shrubs, lawns, or other live plant materials and the remaining portion of the nonpaved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have decorative landscaping installed, so long as weed block is used where decorative landscaping is installed.

For residential properties, acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the Director of Planning and Development Services or his or her designee.

(b) Building exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition.

(c) Broken windows. Board up broken windows within twenty-four (24) hours and replace broken windows within seventy-two (72) hours, subject to the provisions of subsection (g) of this section.

(d) Trash and debris. Remove all trash and debris within seventy-two (72) hours of their placement or abandonment on the property.

(e) Compliance with laws. Maintain the building in continuing compliance with all applicable State and local codes and regulations and any applicable City issued permits.

(f) Prevention of criminal activity. Take all reasonable steps necessary to prevent criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution and criminal street gang activity.

(g) Secure property. Secure the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by boarding or such other means as shall be accepted by the Director of Planning and Development Services. For purposes of securing the building and grounds, boarding up windows and doors and fully fencing the property shall be a disfavored technique and may only be used when it is determined by the Director that no other reasonable alternative exists. Properly maintained buildings and grounds should discourage trespassers. Alternative security measures are also available. When a building is boarded or the property fenced, the owner shall comply with standards established by the Director.

(h) Graffiti. Remove all graffiti on the property within forty-eight (48) hours of placement on the property. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.302 Vacant buildings: Vacant Building Plan.

For vacant properties, the Director of Planning and Development Services or his or her designee may issue an Order to Submit a Vacant Building Plan to the property owner and require the payment of a fee as required under this section.

(a) Vacant Building Plan. The Vacant Building Plan shall include the following information and shall be submitted within thirty (30) days of service of the order:

(i) Name and address of person submitting the Vacant Building Plan;

(ii) Name and address of all property owners of the subject property;

(iii) The name and address of a local agent, if the property owner(s) is/are not local, that the Director may contact related to enforcement of this article;

(iv) The expected period of vacancy;

(v) A plan to make any buildings ready for occupancy that could not be legally occupied under State and local law at the time of submission of the plan;

(vi) If required by the Director, a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) days or such other time as determined reasonable by the Director under the circumstances;

(vii) A plan for actively monitoring, maintaining and securing the property and otherwise complying with this article;

(viii) A letter of written consent by the property owner(s) to the Director to allow City code enforcement inspectors to enter the property for inspections consistent to enforce the provisions of this article;

(ix) Any other information required by the Director in rules and regulations adopted by the Director under this article.

(b) Exception. If the vacant building will be occupied within thirty (30) days of service of the notice, the owner may notify the Director in writing of this fact and the owner will be excused from submitting a Vacant Building Plan.

(c) Vacant Building Plan fee. When a property owner is ordered to submit a Vacant Building Plan by the Director they shall also be required to pay a fee, not to exceed the costs of the City to monitor or inspect the building and to review and approve the Vacant Building Plan. The Director shall have discretion to determine the number of inspections required to monitor the subject building upon submission of the plan, based upon the type and condition of the property, and the history of violations at the subject property. The amount of the fee shall be as follows:

(i) No fee shall be charged for the initial Vacant Building Plan;

(ii) Five hundred and no/100ths dollars ($500.00) for a second Vacant Building Plan;

(iii) Eight hundred and no/100ths dollars ($800.00) for a third Vacant Building Plan;

(iv) One thousand and no/100ths dollars ($1,000.00) for a fourth and subsequent Vacant Building Plan.

(d) Recording. The Vacant Building Plan shall be recorded and indexed in the grantor-grantee index in the Fresno County Recorder’s Office and shall be released by the Director when he or she determines that the property is no longer vacant. Any fees or costs associated with recording the Vacant Building Plan or filing a release from the Vacant Building Plan shall be the responsibility of the property owner and collectible under the cost recovery provisions of this article.

(e) Appeal. An Order to Submit a Vacant Building Plan and/or a decision by the Director rejecting a Vacant Building Plan are appealable in accordance with the procedures set forth in Chapter 28 of Title 5 except that both an Order to Submit a Vacant Building Plan and a rejection of a Vacant Building Plan must be appealed within fifteen (15) days from service of the notice of the order or rejection.

(f) Approved plan. A Vacant Building Plan is enforceable immediately upon notice to the property owner of the approval of the Vacant Building Plan until the Director releases the property from the approved Vacant Building Plan. An approved plan shall be valid for no more than one hundred eighty (180) days from the date of its approval. If a plan expires after one hundred eighty (180) days and the Director has not yet released the property from the approved Vacant Building Plan, the property owner is automatically required to seek approval of a new Vacant Building Plan and pay a fee for that renewal as set forth in subsection (c) of this section.

(g) Noncompliance. Failure by the property owner to submit a Vacant Building Plan or comply with a Vacant Building Plan that has been approved by the Director under this section or pay a fee as required under this section is a violation of the Code, subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms.

(h) Transfer of vacant building. The transferee of a vacant building is subject to the requirements of this section. If the property is subject to a Vacant Building Plan and the plan has been properly recorded with the County Recorder’s Office, the transferee is subject to the terms of the Vacant Building Plan. The transferee may apply to the Director to be released from the requirements of the Vacant Building Plan. It shall be in the Director’s discretion to grant such an application. The Director’s decision shall be final.

(i) Service. Service of an Order to Submit a Vacant Building Plan, notice of rejection, or approval of a Vacant Building Plan shall be made on the property owner by personal service or first class mail. Where known, a copy may also be provided by email. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.303 Registration of vacant foreclosed properties.

(a) Scope of section. This section shall apply to all vacant properties in the City of Clovis that have come within ownership or control of a trustee or beneficiary as a result of the default of the borrower and/or the foreclosure process. This section shall also apply to properties where the deed of trust was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

(b) Registration of property. Any trustee or beneficiary holding a deed of trust on a property located within the City of Clovis shall inspect the property that is the security for the deed of trust, upon default by the trustor, prior to recording notice of default with the Fresno County Recorder. If the property is found to be vacant, it is deemed to fall within the provisions of this section and shall be registered with the Director of Planning and Development Services or his or her designee within ten (10) days of inspection. If the property is occupied at the time of inspection, it shall be inspected on a monthly basis until (i) the default is remedied by the trustor or other party or (ii) the property is found to be vacant, at which time it shall be registered within ten (10) days.

(d) Registration process. Registration shall be made in writing to the Director. The trustee or beneficiary shall provide the following information to the Director:

(i) Name, address, and telephone number of the trustee and/or beneficiary;

(ii) Address and assessor’s parcel number of the vacant property;

(iii) Name, address, and telephone number of the property maintenance company responsible for the property, if applicable;

(iv) Name, address, and telephone number of all known lien holders and/or individuals with ownership interest or other legal interest in the property;

(v) If no trustee or beneficiary resides within the County of Fresno, the name, address, and phone number of a party residing within the County of Fresno who shall be designated as the local responsible party or agent for the purposes of notification in the event of an emergency affecting the public health, safety, or welfare and for purposes of service of process or any notices associated with registration of the property;

(vi) Provide express authorization for City employees to enter the property for the purpose of ensuring compliance with this article. The primary purpose of this authorization is to provide consent for City employees to access the exterior of the property to inspect and/or abate. City employees will not enter the interior of the structure unless the health, safety and/or welfare of the public is at risk.

(e) Duration of registration. Registration of a property shall be valid for one year from the date of registering with the Director. The trustee and/or beneficiary shall renew the registration of the property annually prior to the expiration of the current registration.

(f) Maintenance requirements. Properties registered pursuant to this section shall be maintained in accordance with the requirements of this article.

(g) Posting. The property shall be posted with a sign indicating the name and a twenty-four (24) hour telephone number for the trustee/beneficiary or property management company responsible for maintenance and security of the property. The sign shall read substantially as follows: “This property is managed by [ ]. To report problems or concerns call [ ].” The sign shall be visible from the street and located at the front of the property. The sign shall be placed on the interior of a window, affixed to the exterior of the structure, or on a stake placed in the front yard. Exterior posting shall be constructed on and printed with weather resistant material.

(h) Enforcement. Failure to comply with the provisions of this section is a violation of the Municipal Code and subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms. (§ 1, Ord. 14-02, eff. March 5, 2014)

Article 4. Management of Real Property

5.27.401 Title, findings, and purpose.

(a) Title. This article shall be known as the “Management of Real Property Ordinance.”

(b) Findings. Just as the physical conditions of structures and properties within the City can constitute public nuisances, so too can the behavior of persons on properties within the City constitute public nuisances. The abatement of behavioral nuisances is as important to the City in its fight against blight, decay, deterioration and crime as is the abatement of other nuisances created by physical conditions.

The owners of real properties within the City are responsible for monitoring their properties and for taking appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance creating behaviors, or the combination of conditions.

Many nuisances can be avoided with active property management. Lack of proper management of real property can create an environment which is conducive to behaviors which become a nuisance with repetition and lack of abatement and corrective measures.

If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health and welfare of the neighborhoods, and the City as a whole, that the City be able to undertake abatement action. The provisions of this article are necessary to protect the health, property, and integrity of this community.

Nothing in this article exempts property owners from compliance with Federal, State, or local laws, including, but not limited to, laws on housing, eviction, retaliatory conduct, discriminatory conduct, or invasion of privacy.

(c) Purpose. The purpose of this article is to set forth the management of activities conducted and enforce minimum standards relating to or conditions on real property to protect the public health, safety and welfare; and to put in place remedies which will permit the City to take effective, efficient administrative or other legal action against property owners who permit or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance creating behaviors or conditions and control the environment, both physical and behavioral, on such real properties.

The provisions of this article are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in the Municipal Code, State or Federal laws, regulations, or case law.

It is not the intent or purpose of this article to subject owners or managers to any legal liability resulting from a tenant’s actions away from the owner’s or manager’s own property, unless it can be shown that the problem tenant is also creating a nuisance or committing a crime on the owner’s or manager’s property.

(d) Enforcement responsibility. Enforcement of this article shall fall within the responsibility of the Police Chief and the Director of Planning and Development Services and any of their designees. Reference in this article to Director includes all of these individuals. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.402 Dual responsibility.

(a) Owners. Every person or entity owning, possessing, or having charge or control of real property within the City is required to manage that property and control the environment thereon in a manner so as not to violate the provisions of this article, and the owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding the property.

(b) Lessees. Every occupant, lessee, or holder of any possessory interest in real property is required to: (i) comply with all laws applicable to the property; (ii) to supervise anyone utilizing, using, or occupying the property, with or without the consent of the owner, consistent with this article; and (iii) to maintain the property in a manner so as not to violate the provisions of this article. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.403 Nuisances.

It is hereby declared a public nuisance and a violation of this article for the owner, whether through the owner or owner’s agent, lessee, sublessor, sublessee, or occupant of any premises in the City to permit, with actual or constructive knowledge, any of the following activities to habitually occur on the real property of the owner. “Habitual” shall mean patterns or occurrences evidenced by frequent repetition or regular mode of practice or usage.

(a) Use and sale of controlled substances. The illegal manufacturing, sale, use or possession of controlled substances or other illegal drugs and substances.

(b) Coming and going for sales of controlled substances. The gathering, or coming and going, of people who purchase or use controlled substances on the premises.

(d) Gang activities. Unlawful activities of a criminal street gang as defined in Penal Code Section 186.22.

(e) Noise and unruly behavior. Noise and unruly behavior as set forth in Sections 5.27.504 and 5.27.601.

(f) Firearms and weapons. The unlawful discharging of a firearm or brandishing of a weapon by any person.

(g) Graffiti and trash. The presence of graffiti or other defacing words, letters, or drawings, or trash and debris on the property for a forty-eight (48) hour period.

(h) Abandoned and inoperable vehicles. The presence of abandoned vehicles or improperly stored inoperative, wrecked, or dismantled vehicles on the property, occurring on any one or more properties of the same owner within the City of Clovis.

(i) Animal disturbances. Animal disturbances, including but not limited to competitive fighting between animals.

(j) Violent criminal acts. Violent criminal acts, charged or not, including, but not limited to, rapes, assaults, battery, homicides, stabbings, and/or shootings.

(k) Gaming activities. Illegal gaming activities.

(l) Stolen property. Possessing or storing stolen property. (§ 1, Ord. 14-02, eff. March 5, 2014; § 1, Ord. 17-13, eff. August 9, 2017)

5.27.404 Notice to property owner.

The Police Chief or Director shall, within a reasonable period of time from the date of occurrence of any activity listed in Section 5.27.403, notify the property owner of the unlawful activity. The notice shall include the location of the property, the name of the person(s) conducting the unlawful activity (if known and appropriate), a description of the illegal activity, suggested remedies and a warning of the enforcement of this article if the activity described is not abated within the time prescribed in the notice. The notice shall be served on the owner of the property, via regular mail, at the address listed on the latest tax assessment roll or as otherwise actually known to the Director. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.405 Violations.

Violations of this article are subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.406 Relocation costs.

If the City incurs any costs or expenses for relocating tenants resulting from the enforcement of this article, the owner shall be required to reimburse the City for all such costs and expenses. (§ 1, Ord. 14-02, eff. March 5, 2014)

Article 5. Nuisance Related Activities

5.27.501 Obstructing public passageways.

It shall be unlawful for a person to stand or sit idly in or upon any street or sidewalk in a manner that hinders or obstructs the passage of persons passing along the same, or stand in or at the entrance of or approach to any church, hall, theater, public place, or public assemblage in any manner to obstruct such entrance or approach. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.502 Annoying conduct.

No person shall engage upon public or private property in any conduct annoying or injurious to persons passing by on public streets, sidewalks, and other public property or, whenever a street, sidewalk, or other public property is obstructed by a crowd, fail or refuse to disperse or move when directed so to do by any peace officer. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.503 Breach of peace.

No person shall make in any public place, or suffer to be made on his/her premises or upon the premises under his/her control, any disorder or tumult to the disturbance of the public peace; and no person shall utter in the presence of two (2) or more persons lewd or obscene words or epithets or address to another any words, language, or expressions having a tendency to create a breach of the peace. “Disturbance” and “breach of the peace” mean causing an annoyance or engaging in disorderly conduct or interfering with the peace and order of a neighborhood, community, or meeting. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.504 Unruly behavior.

A gathering of ten (10) or more persons on any public or private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law shall be considered a nuisance subject to the abatement and cost recovery procedures set forth in Chapters 28 and 29 of Title 5 and any other available enforcement mechanisms. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace, litter. In addition to the remedies provided for in Chapter 28 of Title 5, a gathering constituting a public nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring the gathering to be disbanded and citation and/or arrest of any law violators under any applicable local laws and State statutes. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.505 Interference with right of assembly.

No person, except with legal authorization or authority, shall disturb or interrupt any school procession, funeral or funeral procession, or any lawful procession, church service, or assembly of people. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.506 Public urination.

No person shall evacuate their bowels or bladder in any public place, or upon any private property, at a place not provided for that purpose. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.507 Swimming in ditches and canals.

No person shall bathe or swim in any ditch or canal within the City. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.508 Motor vehicle racing.

It is unlawful for any person to operate, conduct, maintain, promote, or participate or engage in any motor vehicle race within the City, unless such race is expressly allowed by City permit or occurs in a facility permitted for such activity. For the purposes of this section, “motor vehicle” shall mean any vehicle which is self-propelled and shall include without limitation any automobile, racing car, motorcycle, or other self-propelled vehicle, whether or not the same is licensed by the State to operate on public streets. “Motor vehicle race” shall mean any race, speed, or other contest involving one or more motor vehicles or in which a motor vehicle is timed for operation over a measured distance. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.509 Criminal street gangs.

(a) Prohibited acts. It is unlawful for any person who is a member of a criminal street gang, as that term is defined in California Penal Code Section 186.22(f), or who is in the company of or acting in concert with a member of a criminal street gang, to loiter or idle in a public place as defined in this section under any of the following circumstances:

(i) With the intent to publicize a criminal street gang’s control or dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area.

(ii) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.

(iii) In such a manner that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable the criminal street gang to establish control or dominance over the public place or adjacent area, to intimidate nonmembers of the gang from entering the public place or adjacent area, or to conceal unlawful activity.

(b) Public place. For purposes of this section, a “public place” means the public way and any other location open to the public, whether publicly or privately owned, including but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment, office building, transport facility, shop, or privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place.

“Any public place” also includes the front yard area, driveway and walkway of any private residence, business, or apartment.

(c) Powers of law enforcement officers not limited. Nothing in this section shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this section.

(d) Parental control. Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor subject to the penalties set forth in Section 1.2.01.

(e) Penalties: Notice to disperse. Any person who violates a provision of this section is guilty of a misdemeanor subject to the penalties set forth in Section 1.2.01. Minors shall be dealt with in accordance with the California Welfare and Institutions Code and in accordance with any policies and procedures established by the City for handling juvenile cases.

Prior to arresting any person or issuing a citation for violating the provisions of this section, the officer shall give the person an opportunity to disperse or remove themselves from the area. If the person does not leave or returns to the area during the following eight (8) hours, the person may be arrested or issued a citation.

The requirement in this section to provide notice to disperse shall in no way be construed to prohibit police officers from detaining and questioning persons suspected of violating this chapter before issuing the notice to disperse. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.510 Camping.

(a) Sleeping and camping in public and certain private places prohibited. It shall be unlawful for any person to sleep or camp:

(i) In or on any public right-of-way, including any street, alley, roadway, accessway, median, irrigation canal or embankment;

(ii) In or on any public park or trail or upon the grounds of any public facility or property, whether improved or unimproved;

(iii) Upon any unimproved private lot unless such use is with the permission of the owner and permissible under the City’s zoning ordinance; or

(iv) Upon the premises of any private, commercial or industrial property unless such use is with the permission of the owner and permissible under the City’s zoning ordinance.

(b) Camp defined. For purposes of this section, “camp” shall mean an outdoor place for eating, cooking or sleeping, and includes, but is not limited to:

(i) The use of camping facilities such as tents, tarpaulins, or temporary shelters;

(ii) The use of sleeping bags, cots, beds, or hammocks;

(iii) The use of park benches, recreation equipment or similar structures; or

(iv) The use of any parked vehicle, including an automobile, bus, truck, camper, trailer or recreational vehicle.

(i) Sleeping or recreational camping in any public park between the hours of 7:00 a.m. and 10:00 p.m.; and

(ii) Camping in public parks between the hours of 10:00 p.m. and 7:00 a.m. in areas set aside for overnight camping.

For purposes of this section, the following shall not be considered recreational camping; a camp established with the intent to:

(i) Lodge or reside at that location;

(ii) Remain in that location or park overnight; or

(iii) Remain for a period of more than one consecutive day.

(d) Remedies for violation. In addition to any other remedy or enforcement mechanism, any camp in violation of this section is declared to be a public nuisance, and the Chief of Police or his/her designee, upon a determination that such camp constitutes an immediate threat to the health, safety or welfare of persons in the City, including persons using the camp, is authorized to remove the camp. If persons are occupying the camp at the time, then before removing the camp, the Chief of Police or his/her designee shall warn the person or persons occupying the camp that they are in violation of this section and shall give them the opportunity to remove the camp. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.511 Fireworks.

(a) No person shall possess or use dangerous or illegal fireworks as defined in the State Fireworks Law, Sections 12500 et seq.

(b) Upon identification of possession or use of dangerous or illegal fireworks, City Code enforcement officers and any law enforcement or fire agency designated by the Police Chief or Fire Chief may issue an administrative citation of one thousand and no/100ths dollars ($1,000.00) per occurrence to all responsible person(s) as set forth in Sections 1.7.08 and 4.7.10.

1. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;

2. The person(s) in immediate control of the residence or other private property; and

3. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal possession of dangerous or illegal fireworks.

(d) There is no requirement that the City provide advance notice to the responsible person(s) prior to issuing an administrative citation. Responsible person(s) shall be deemed to know the law as is the common standard for Code violations. Further, fireworks violations create an immediate danger to the public health, safety and welfare for which immediate correction is required. Additionally, fireworks violations are noncontinuing violations for which it is not possible or practical to provide prior notice and an opportunity to correct. (§ 1, Ord. 16-12, eff. June 15, 2016)

5.27.512 Storing, maintaining, or placing personal property in the public right-of-way.

(a) No person shall obstruct a street, sidewalk, or other public right-of-way by storing, maintaining, or placing personal property as follows:

1. In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;

2. Within ten (10) feet of any operational or utilizable driveway or loading dock;

3. Within five (5) feet of any operational or utilizable building entrance or exit;

4. Within two (2) feet of any fire hydrant, fire plug, or other fire department connection; or

5. Within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit.

(b) No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, trail, or other public right-of-way open to use by bicycles, by storing, maintaining, or placing personal property anywhere within the street, bike lane, bike path, trail or other public right-of-way, as specified.

(c) Except as limited by subsection (d) of this section, no person shall store, maintain, or place personal property upon any street, sidewalk, or other public right-of-way as follows:

1. Within the distance stated on the posted signage (up to a maximum of five hundred feet (500')) of a public park, or public library;

2. Within the distance stated on the posted signage (up to a maximum of five hundred feet (500')) of a designated overpass, underpass, freeway ramp, tunnel, bridge, pedestrian bridge, subway, wash, spreading ground, or active railway, where the Chief of Police determines that the public health, safety, or welfare is served by the prohibition, including, without limitation, by finding that storing, using, maintaining, or placing personal property within the stated proximity to the designated area is unhealthy, unsafe, or incompatible with safe passage;

3. Within the distance stated on the posted signage (up to a maximum of one thousand feet (1,000')) of a designated facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center; or

4. Within the distance stated on posted signage prohibiting storing, using, maintaining, or placing personal property. In order to designate all or any portion of any street, sidewalk, or other public right-of-way as prohibited under this section, the Chief of Police shall determine, based on specific documentation, that the circumstances of continued storing of personal property, or otherwise obstructing the public right-of-way at that location, poses a particular and ongoing threat to public health or safety. Such circumstances may include, but are not limited to: (i) the death or serious bodily injury of any person at the location due to a hazardous condition; (ii) repeated serious or violent crimes, including human trafficking, at the location; (iii) the occurrence of fires that resulted in a fire department response to the location; (iv) imposition on, or prevention of, access or use of the public right-of-way by members of the public.

(d) No person shall be found to be in violation of any prohibition set forth in subsection (c) of this section unless and until: (i) the Chief of Police has taken action to designate a specified area or areas for enforcement against storing, using, maintaining, or placing personal property, or otherwise obstructing the public right-of-way; and (ii) the City has posted signage at the designated area or areas.

(e) No person shall store, use, maintain, or place personal property in or upon any street, sidewalk, or other public property within five hundred feet (500') of a school or day care center.

(f) Violations of this section involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who fails to comply after being requested to do so by an authorized City employee shall be subject to the penalties set forth in Chapter 7 of Title 1. Violations of this section shall also be enforceable as infractions pursuant to Chapter 2 of Title 1. (§ 1, Ord. 23-08, eff. October 5, 2023)

Article 6. Unlawful Noise Related Nuisances

5.27.601 Loud noise.

The making or continuing, or causing to be made and continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to reasonable persons of normal sensitivities residing on the property or in the area, shall be considered a nuisance. A violation of this section shall be determined by applying objective standards and by considering the following: any applicable noise standard adopted by the City including the provisions of this article; whether the activity is allowed by special permit and whether the permit addressed the issue of noise; the number of persons affected by the noise; the day of the week and the time of day; ordinary urban noise that can reasonably be expected for the area; and any other factors relevant to the determination.

In addition to the remedies provided for in this chapter, a noise nuisance may be abated by the City by all reasonable means including, but not limited to, an order requiring that the noise cease. The person(s) responsible for making the noise, or having direct control over the premises where the noise is emanating, is subject to citation and/or arrest. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.602 Noise and other activities during specified hours.

No person shall make, or cause or suffer or permit to be made or caused, on any premises owned or occupied by him/her, between the hours of 11:00 p.m. and 7:00 a.m. on any Friday or Saturday, or between the hours of 10:00 p.m. and 7:00 a.m. of any other day, any sporting, business, or social event, race, or other activity in such manner as to disturb the peace and quiet of any neighborhood. This section shall not apply to the following: any public celebration, public holiday, or public occasion generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school; activities relating to the provision of public safety and public utility services. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.603 Sound amplifiers.

No person shall use or operate, or cause to be used or operated, any mechanical device, machine, apparatus, or instrument for the intensification or amplification of the human voice, or any sound or noise, in any public or private place between the hours of 11:00 p.m. and 7:00 a.m. on any Friday or Saturday, or between the hours of 10:00 p.m. and 7:00 a.m. of any other day, except in residences, dwellings, and other buildings so enclosed as to prevent sound or noise escaping or emanating therefrom. This section shall not apply to the following: any public celebration, public holiday, or public occasion generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school; activities relating to the provision of public safety and public utility services. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.604 Construction activities.

Unless otherwise expressly provided by permit, construction activities are only permitted between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. on Saturday and Sunday. From June 1st through September 15th, permitted construction activity may commence after 6:00 a.m. Monday through Friday. Extended construction work hours must at all times be in strict compliance with the permit. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.605 Decibel standards.

Notwithstanding anything to the contrary in this article, a violation of the City’s decibel standards set forth in the City’s General Plan and Development Code shall be considered a nuisance except where a special permit allows for exceeding those standards on a temporary basis. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.606 Animals.

The excessive noise provisions of Chapter 1 of Title 6 shall apply to animal noises. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.607 Noisy advertising.

No person shall, without a permit issued by proper authority, in or upon any public street, doorway, stairway, window, or public place in the City, blow any bugle, horn, or trumpet, or beat any drum, or ring any bell, or play music or drive any animal or vehicle to which is attached any bell or gong which rings or sounds when such animal or vehicle is in motion, or make any other loud or unusual noise for the purpose of, or with the intention of, advertising, proclaiming, publishing, announcing, or calling attention to any business, calling, occupation, firm, dealer, amusement, show, exhibition, event, prize fight, boxing contest, goods, wares, merchandise, or other property. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.608 Loud and raucous noises from vehicles.

No person shall play, use, or operate for advertising purposes, or for any other purpose whatsoever, on or upon any public street, alley, or thoroughfare any device known as a sound amplifier, or radio or phonograph with a loudspeaker or sound amplifier, or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or parked upon the streets or public places. (§ 1, Ord. 14-02, eff. March 5, 2014)

Article 7. Other Nuisances and Enforcement

5.27.701 Nuisances.

It shall be unlawful for any person to keep or maintain a public nuisance in the City. For the purposes of this section, public nuisances shall include but not be limited to any of the following:

(a) Attractive nuisance. An attractive nuisance, defined as any condition, instrumentality or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.

(b) Conditions declared a nuisance by City Council. Any condition declared to be a public nuisance by the City Council.

(d) Depreciation of property value. Maintenance of property in such condition of deterioration or disrepair that the same causes depreciation of the value of surrounding property or is materially detrimental to nearby properties and improvements. (§ 1, Ord. 14-02, eff. March 5, 2014)

5.27.702 Enforcement.

Nuisances under this chapter may be enforced by one or more of the following nonexclusive remedies:

(a) Abatement. Abatement and cost recovery pursuant to Chapters 28 and 29 of Title 5.

(b) Administrative citation. Administrative citation pursuant to Chapter 7 of Title 1.

(d) Injunction. Injunctive relief.

(e) Receivership. Receiverships pursuant to Health and Safety Code Section 17980.7.

(f) Unlawful business practice. Unlawful business practices pursuant to Business and Professions Code Section 17200.

(g) Red light abatement. Red Light Abatement Act as set forth in Penal Code Section 11570.

(h) Drug abatement. California Drug Abatement Act set forth in Health and Safety Code Section 11570.

(i) State housing law. State housing law as set forth in Health and Safety Code Section 17910 et seq.

(j) Other. Any other available remedy set forth in the Municipal Code or State law. (§ 1, Ord. 14-02, eff. March 5, 2014)

Article 8. Severability

5.27.801 Severability.

If any article, section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (§ 1, Ord. 14-02, eff. March 5, 2014)