Chapter 8.25 NEIGHBORHOOD PRESERVATION

Cross references: Buildings and building regulations, Title 15; parks and recreation, Title 4; planning and development, Title 19; stormwater management and grading and erosion control, Title 16; streets, sidewalks and other public places, Title 12; subdivisions, Title 17; utilities, Title 13; vegetation, Ch. 8.40; zoning, Title 18.

Article I. Public Nuisances

Cross references: Nauseous odors, accumulations of waste and similar nuisances, § 8.10.030; nuisance trees and shrubs, § 8.40.070.

8.25.010 Purpose.

(a) In order to further the stated goals of the city and protect the health, safety and welfare of its citizens and their property, the City Council has determined that an ordinance is necessary to regulate, prevent and prohibit disorderly, disturbing, unsightly, unsafe, unsanitary conditions or objects in the city.

(b) The City Council intends, by adopting this article, to define the conditions that constitute a nuisance; and to provide a procedure for a hearing in the event the condition is not corrected, removed or otherwise abated.

(c) This article is not intended to enforce nor supersede conditions, covenants and restrictions (CC&R’s) on property. This article will be enforced uniformly within the city regardless of CC&R’s. Therefore, this article does not abrogate the right of any homeowners’ association or private citizen to take action, legal or as otherwise provided in the CC&R’s, to force compliance with the CC&R’s applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this article.

(Code 1965, § 5440; Code 2002, § 62-31. Ord. No. 00-3)

8.25.020 Nuisances defined.

It shall be unlawful and hereby declared a public nuisance for any person owning, controlling, occupying or having charge of property within the city, not in public ownership, to maintain such property in a manner that any of the following conditions are found to exist thereon:

(1) Property maintained, permitted, or allowed to remain in such a condition so as to be defective, unsightly, or in a state of deterioration, disrepair or neglect whereby the condition causes, or may cause, a health, safety or fire hazard, or diminution of surrounding property values, or a blight upon the aesthetic quality or appearance of the neighborhood, or an attractive nuisance to children. This includes but is not limited to any of the following:

a. Maintaining, permitting, or allowing an unsecured, abandoned, unfiltered, or polluted swimming pool, pond, well, body of water or container of water in an unhealthy or unsafe condition.

b. Polluting or contaminating any water supply or watercourse with sewage, chemical, oil, junk, debris, waste or any other similar product.

c. Burning any substance, releasing chemicals, or allowing a condition that causes smoke, fumes, gas, dust, soot, cinders, or noxious, foul or offensive odors to exist and render the property unhealthy to occupy or use.

d. Storing, leaking, releasing, or using explosive, flammable liquid, or other dangerous, toxic, or hazardous substance in a manner that would constitute a fire, health or safety hazard.

e. A building or structure containing inoperative, defective, deteriorated or no fire prevention or fire extinguishing equipment, systems or devices as required by law or regulation.

f. Rainwater, well water or drainage water diverted from any building, structure, well, or paved area upon any sidewalk or public pedestrian way.

g. Dangerous, unguarded machinery, equipment, implements, tools, or appliances left in a public place or operated or situated on private property so as to be accessible to the public.

h. Dead, decayed, diseased, infected, overgrown, hazardous, or dying tree(s), root(s), branch(es), limb(s), shrub(s), or weeds on any property.

i. Trees and shrubbery that overhang onto streets and sidewalks must be kept trimmed as follows so as to not impede traffic or pedestrians:

1. At least 12 feet above the street and gutter;

2. At least eight feet above the entire sidewalk; and

3. At least 16 feet above the street and gutter along bus routes.

j. Generating intense glare or aiming a strobe light onto a street, sidewalk, or off-street parking area.

k. An excavation, hole, or pond that is open and unsecured from public access.

l. Potholes in driveways and off-street parking areas. All such surfaces and similar areas shall be kept free from potholes.

m. Cracked or buckled sidewalks and walkways. All such surfaces and similar areas shall be kept free from cracking and buckling.

n. A wall or fence that is poorly maintained, sagging, leaning, fallen, decayed or is otherwise structurally unsound or unsafe.

o. A building or other structure that is:

1. Abandoned for a period of 90 days or more; or

2. Allowed to remain in a state of partial construction, unless pursuant to a valid permit.

p. Unsecured doorways, windows, or other openings into vacant or abandoned buildings or structures from public access.

q. Unpainted or untreated exterior wood surfaces (other than natural decay-resistant wood(s)) on any building (or any portion thereof), or structure in which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or insect infestation.

r. Maintaining windows, building exteriors, roofs, and gutters in a defective, deteriorated, or damaged condition.

s. Wrecked, disabled, inoperative, broken, discarded, salvaged, dismantled vessels, equipment, machinery, or appliances. Tarps or other covers placed over the above-mentioned items shall not constitute compliance with this section.

t. Unused and broken equipment, machinery, or parts thereof.

u. Maintaining, permitting, or allowing construction materials, tools, equipment, machinery and/or debris in the public view for more than 30 days at a location other than a site where work is being performed pursuant to a valid building permit.

v. Garbage and recycling receptacles maintained, permitted, or allowed to remain at a collection point for more than 24 hours before pickup or more than 24 hours after the scheduled pickup. Garbage and recycling receptacles in residential districts must be stored in a manner so as not to be visible to the public.

w. Commercial trash receptacles, in excess of one cubic yard capacity, that are not enclosed by an opaque, six-foot-tall enclosure of wood or masonry construction with a gate.

x. Home businesses or occupations that create a nuisance.

y. Construction activities during hours other than those listed below, unless otherwise indicated on the use permit or building permit or imposed under an environmental mitigation and monitoring program pursuant to CDC 18.515.010:

1. Monday through Friday – Citywide (applies to all districts): 7:30 a.m. to 6:00 p.m.

2. Saturday – Citywide (applies to all districts): 8:00 a.m. to 5:00 p.m.

3. Sunday – Residential districts (by homeowner, homeowner’s contractor, and/or tenant) and commercial districts: 8:00 a.m. to 5:00 p.m.

Unless otherwise restricted by an environmental mitigation and monitoring program, the Building Official is authorized to modify the permitted hours of construction under any issued building permit.

z. Littering. Business owners must maintain their property in a neat and orderly manner, free of loose trash, debris, or litter. Vestibules, doorways, adjoining sidewalks, passages or breezeways shall be maintained in a sanitary condition.

aa. Any other act, occupation, condition and use of property that endangers, jeopardizes, or is a menace to the public peace, welfare, health and safety.

bb. Any violation of statute, ordinance, rule, regulation or condition that is specifically declared as constituting or creating a public nuisance, or a substandard building, as defined in the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, the California Model Building Codes, and California Health and Safety Code Section 17920.3.

cc. Any other condition or circumstance, in addition to those described above, which, within the meaning of Civil Code Section 3479 or Penal Code Section 370, is injurious to the public health, safety, or general welfare, or is indecent or offensive to the senses, or constitutes an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any stream or any public park, square, sidewalk, pathway, street, highway, or other public place.

(Code 1965, § 5441; Code 2002, § 62-32. Ord. No. 00-3; Ord. No. 06-4, § 1)

Cross references: Definitions generally, § 1.05.100.

8.25.030 Additional Code sections relating to public nuisances.

In addition to the aforementioned public nuisances and pursuant to Section 1.05.210, any violation of this Code shall constitute a public nuisance and shall be subject to the civil, criminal, and administrative remedies set forth in this article.

(Code 1965, § 5442; Code 2002, § 62-33. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.040 Animal noise.

Issues concerning animal noise will be referred to the county animal service department.

(Code 1965, § 5443; Code 2002, § 62-34. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.050 Owner’s responsibility to keep premises free of nuisances.

The owner of any premises within the city has the primary responsibility to keep said premises free of any public nuisance.

(Code 1965, § 5444; Code 2002, § 62-35. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.060 Violations; penalty.

Violation of this article shall constitute a misdemeanor punishable as provided in Section 1.05.230.

(Code 1965, § 5445; Code 2002, § 62-36. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.070 Administrative citations and fines.

(a) Authorized. Administrative citations are available as a remedy, in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this article. Whenever it is determined that a violation of this article has occurred, an administrative fine may be imposed on any person responsible for the violation. If the violation pertains to a building, plumbing, electrical, or other similar structural or zoning issue, that does not create an immediate danger to health or safety, the person responsible for the continuing violation shall be afforded a reasonable time not to exceed 90 days to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties. In determining a reasonable time, the city may consider the estimate of local professionals including licensed contractors. In the case of such violations, the time within which the violation must be corrected in order to avoid a fine shall be specified on the notice of violation.

(b) Issuance of citation; contents. The administrative fine will be issued in the form of a citation. The citation shall contain the following information:

(1) The date of the violation;

(2) The address or a description of the location where the violation occurred;

(3) The section of the Code that was violated along with a description of the violation;

(4) The amount of the fine;

(5) An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;

(6) An explanation of the payment and hearing process.

(c) Amount of fine. The amount of the fine, as well as any late charges, shall be set forth in the schedule of fines established by the Resolution Establishing Fees and Charges for Various Municipal Services. The schedule of fines shall also specify any increased fines for repeat violations of the same Code provision by the same person within 12 months from the date of an administrative citation.

(d) Service of citation. The citation shall be served on the owner or the person(s) responsible for the violation in the following manner:

(1) Delivered personally;

(2) Sent by certified or first class mail addressed to the last known address;

(3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the structure affected by such notice.

(e) Payment of fine. The fine must be paid within 30 days from the date the administrative citation is issued. Payment of a fine under this article shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation. If the fine is not paid within 30 days, the city may use all available legal means to collect any past-due administrative citation fines or late payment charges.

(f) Hearings.

(1) Requests. Any person who receives an administrative citation may contest the violation(s) and may request a hearing pursuant to the following procedure:

a. A request for hearing form shall be obtained from the department specified on the administrative citation. This request shall be filed with the department within 10 days of the date of issuance of the citation.

b. After a completed request for hearing form has been filed with the department, the department shall set the date, time and place for the hearing. The hearing shall be set for a date not less than 15 days nor more than 60 days after the department receives the request.

c. The person requesting the hearing shall be notified by first class mail and certified mail, return receipt requested, of the time and place set for the hearing. The notice shall be sent to the address provided on the request for hearing form by the person requesting the hearing. Service shall become effective on the date of first class mailing. Failure of the person requesting the hearing to receive such notice shall not affect the validity of any proceedings taken.

d. The person requesting the hearing, or the city, may request one continuance, but in no event may the hearing be continued more than 30 days after the date of the originally scheduled hearing unless the Hearing Officer finds that circumstances warrant a longer continuance not to exceed 60 days after the date of the originally scheduled hearing.

e. The failure of any person to file a request for hearing in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

(2) Hearing procedure.

a. Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

b. The city representative and the person contesting the administrative citation shall be given an opportunity to testify and present evidence concerning the administrative citation. The person may represent themselves or be represented by any person of their choice.

c. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

d. The Hearing Officer may continue the hearing and request additional information from the enforcement officer and/or the person contesting the administrative citation or may conduct an inspection of the building and/or property involved in the hearing prior to concluding the hearing and issuing a written decision.

e. The Hearing Officer may inspect the building and/or property involved in the hearing prior to or during the hearing.

f. The failure of the person contesting the administrative citation to appear at the administrative citation hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

(3) Decision of the Hearing Officer.

a. The Hearing Officer shall issue a written decision within 15 business days of the conclusion of the hearing stating the reasons for that decision. The Hearing Officer’s decision shall be final.

b. A copy of the Hearing Officer’s written decision shall be sent by first class mail to the address provided on the request for hearing form.

(Code 1965, § 5446; Code 2002, § 62-37. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.080 Abatement by city.

(a) Authorized. In addition to the civil, criminal, and administrative remedies available, if a property owner and/or person responsible for the violation fails to voluntarily abate the nuisance within the time and in the manner specified in the abatement notice, the city may abate the nuisance under the procedure set forth in this section. Illegal vehicles on private or public property shall be abated pursuant to the provisions set forth in Article V of this chapter, Division IV of CDC Title 18, or the California Vehicle Code.

(1) Notice to abate.

a. In the event of a violation of this article, the City Manager, or his or her designee, may give written notice to the owner of real property on which the violation occurred.

b. The notice shall state:

1. The nature of the violation;

2. An abatement period deemed reasonable under the circumstances, but in no event shall the abatement period exceed 60 days;

3. That if the owner fails to abate the condition, it may be abated by the City Manager, or his or her designee, and the owner shall be liable for all costs involved in the investigation and abatement;

4. The notice shall also state that the owner may request a hearing in writing within 10 days from the date that the notice was served.

c. Service. The notice required by this section shall be served in the following manner:

1. Delivered personally to the real property owner and/or operator, occupant, or other person responsible for the property;

2. Sent by certified mail or first-class mail to the address shown on the most recent equalized assessment roll of the county, in which case service of such notice shall be effective on the date the notice is mailed; or

3. In the event the post office is unable to deliver the notice, the City Manager, or his or her designee, shall cause the notice to be posted on the real property.

(2) Hearing.

a. Requests. The property owner and/or operator, occupant, or other person responsible for the property may contest that there was a violation pursuant to this chapter or that he or she is the responsible person and may request a hearing as follows:

1. A request for hearing form shall be obtained from the Neighborhood Services Division. This request shall be filed with the Division within 10 days from the date that the notice was mailed via certified mail.

2. After a completed request for hearing form has been filed with the Division, the Division shall set the date, time and place for the hearing. The hearing shall be set for a date not less than seven days nor more than 30 days after the Division receives the request.

3. The property owner and/or operator, occupant, or other person responsible for the property shall be notified by first class mail and certified mail, return receipt requested, of the time and place set for the hearing at least 10 days prior to the date of the hearing. The notice shall be sent to the address provided on the request for hearing form. Service shall become effective on the date of first class mailing. Failure of the property owner to receive such notice shall not affect the validity of any proceedings taken.

4. The property owner and/or operator, occupant, or other person responsible for the property, or the City Manager, or his or her designee, may request one continuance, but in no event may the hearing be continued more than 30 days after the date of the originally scheduled hearing unless the Hearing Officer finds that circumstances warrant a longer continuance not to exceed 60 days after the date of the originally scheduled hearing.

5. The failure of any responsible person to file a request for hearing in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

b. Hearing procedure.

1. Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

2. The city and the property owner shall be given the opportunity to testify and present evidence. The property owner may represent themselves or be represented by any person of their choice.

3. Any report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

4. The Hearing Officer may continue the hearing and request additional information from the enforcement officer and/or the property owner or conduct an inspection of the building and/or property involved in the hearing prior to concluding the hearing and issuing a written decision.

5. The Hearing Officer may inspect the building and/or property involved in the hearing prior to or during the hearing.

6. The failure of the property owner to appear at the administrative hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

c. Decision of the Hearing Officer.

1. The Hearing Officer shall issue a written decision within 15 business days of the conclusion of the hearing stating the reasons for that decision. The Hearing Officer’s decision shall be final.

2. The responsible person shall be served with a copy of the Hearing Officer’s written decision sent by first class mail to the address provided on the request for hearing.

(3) Abatement authorized. If the condition is not abated by the owner in accordance with the notice or following a decision by the city’s Hearing Officer on the violation, the City Manager, or his or her designee, may abate the condition and shall charge the owner for all costs involved in the investigation and abatement of the violation.

(b) Summary abatement. If, in the reasonable opinion of the City Manager, or his or her designee, there exists a condition which constitutes an imminent threat of serious injury or harm to any persons or property, such official may cause the condition to be summarily abated in accordance with the following procedure. Nothing in this article shall prevent public officials from taking any and all actions in emergency situations they deem necessary to protect the public health, safety, and general welfare.

(1) The City Manager, or his or her designee, shall post a notice on or near the dangerous condition. If the City Manager, or his or her designee, determines that the circumstances and time reasonably permit, the City Manager, or his or her designee, shall also attempt to directly notify the property owner and any other party of record with an equitable or legal interest in the property by telephone, telegraph, hand-delivery, facsimile or other reasonable means. Failure to give such additional notice shall not affect the adequacy of the posted notice or otherwise constitute a defect in the process authorized by this article. The notice shall contain:

a. A statement that the property was found to be imminently dangerous with a brief and concise description of the conditions found to render the property imminently dangerous.

b. A description of what actions are required to be taken by those persons receiving the notice and the time within which the actions must be commenced and completed.

c. A statement that the City Manager, or his or her designee, may cause the abatement work to be done and charge the costs thereof against the property or its owner.

(2) If the attempt to contact the person is unsuccessful or if the responsible party fails or refuses to take immediate and effective action to eliminate the threat after being requested to do so within the time set forth in the notice, the City Manager, or his or her designee, may proceed to take abatement action to the extent necessary to remedy the immediate danger without further notice or right to a prior hearing.

(3) Once summary abatement action has been completed, the property owner may appeal the need for abatement action and/or the abatement costs pursuant to the following procedure:

a. A request for appeal must be received by the department within 10 days after service, by first class mail postage prepaid, of the statement of abatement costs. Service shall become effective on the date of first class mailing.

b. After a completed request for hearing form has been filed with the Department, the Department shall set the date, time and place for the hearing. The hearing shall be set for a date not less than 15 days nor more than 60 days after the department receives the request.

d. The person requesting the hearing or the city may request one continuance, but in no event may the hearing be continued more than 30 days after the date of the originally scheduled hearing unless the Hearing Officer finds that circumstances warrant a longer continuance not to exceed 60 days after the date of the originally scheduled hearing.

e. The failure of any person to file a request for a hearing in accordance with the provisions of this section shall be deemed to have waived his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

f. The administrative hearing is informal, and formal rules of evidence and discovery do not apply.

g. The city and the person contesting the summary abatement action and/or summary abatement costs shall be given an opportunity to testify and present evidence. The person may represent themselves or be represented by any person of their choice.

h. The Hearing Officer may continue the hearing and request additional information from the enforcement officer and/or the person contesting the summary abatement action and/or costs.

i. The failure of the person contesting the summary abatement action and/or costs to appear at the hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

j. The Hearing Officer shall issue a written decision within 15 business days of the conclusion of the hearing stating the reasons for that decision. A copy of the Hearing Officer’s written decision shall be sent by first class mail to the address provided on the request for hearing form. The Hearing Officer’s decision shall be final.

(Code 1965, § 5447; Code 2002, § 62-38. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.090 Payment of costs.

The city may pursue any and all legal and equitable remedies for the recovery of fines and/or associated charges owed to the city. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.

(1) Liens.

a. The amount of any unpaid fine and/or associated charge may be made a lien on the real property on which the violation occurred.

b. The lien shall attach when the City Manager, or his or her designee, records a lien listing delinquent unpaid fines and/or associated charges with the County Recorder’s Office. The lien shall specify the amount of the lien, the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.

c. In the event that the lien is discharged, released, or satisfied, through payment, notice of the discharge containing the information specified above shall be recorded by the City Manager, or his or her designee.

(2) Foreclosure. The lien may be foreclosed by an action brought by the city for a money judgment.

(3) Special assessments. All costs incurred by the city to abate a public nuisance shall be charged against the owner of the parcel of land in accordance with the provisions of this article. If the costs are not paid within 30 days of the receipt of the invoice from the city’s Finance Department, such costs shall be assessed against the parcel pursuant to Government Code Section 38773.5 following a hearing before the City Council and shall be transmitted to the Tax Collector for collection. Said assessment shall have the same priority as other city taxes.

(4) Civil action. The city may recover any costs incurred through civil action.

(Code 2002, § 62-38.5. Ord. No. 06-4, § 1)

8.25.100 Treble damages for subsequent abatement judgments.

If a second or subsequent civil or criminal judgment is entered against an owner of property or person(s) responsible for a condition that may be abated in accordance with this article within a two- year period a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Health and Safety Code Section 17980.

(Code 1965, § 5448; Code 2002, § 62-39. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.110 Recovery of attorneys’ fees.

In an action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover attorneys’ fees. Recovery of attorneys’ fees is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. An award of attorneys’ fees to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the city in an action, administrative proceeding, or special proceeding.

(Code 1965, § 5449; Code 2002, § 62-40. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.120 Provisions of article supplemental; conflicting provisions.

This article shall not be construed to replace or supersede any other section of this Code, except where expressly provided herein, but shall supplement such provisions. In the event that there is an express conflict between the provisions of this article and another provision of this Code, the more stringent provisions shall prevail so as to carry out the intent of the City Council.

(Code 1965, § 5449.1; Code 2002, § 62-41. Ord. No. 00-3; Ord. No. 06-4, § 1)

8.25.130 Severability.

If for any reason a court of competent jurisdiction finds any section of this article, or a portion thereof, to be unenforceable, that section, or portion thereof, shall be deleted as though it never existed and the remainder of the article shall continue in full force and effect.

(Code 1965, § 5449.2; Code 2002, § 62-42. Ord. No. 00-3; Ord. No. 06-4, § 1)

Article II. Weeds and Other Vegetation

Cross references: Vegetation, Ch. 8.40.

8.25.140 Intent and purpose.

The purpose of this article is to preserve the character, economic value, and general welfare of established residential neighborhoods in the city and to protect the health of persons residing in such neighborhoods. Toward that end, the City Council, after careful study and deliberation, determined that unkempt and overgrown grass and weeds on residential lots in developed residential subdivisions and on developed and undeveloped commercial, industrial, and residential property are a blighting influence on the city and a threat to the health, safety, and welfare of city residents. Therefore, the City Council finds that regulations requiring the timely cutting, removing, and destruction of such overgrown grass and weeds are necessary to protect the health and general welfare of the citizens of Concord.

(Code 1965, § 5310; Code 2002, § 62-71. Ord. No. 99-2; Ord. No. 06-4, § 2)

8.25.150 Overgrown grass and weeds, accumulations of cut brush, and dead or diseased trees declared a nuisance.

The growth of plant materials such as overgrown grass and weeds, but excluding healthy trees, shrubs, brush, wetland, and common ornamental species, to a height greater than eight inches and the accumulation of cut brush and dead or diseased trees are hereby determined to be detrimental to the health, safety, and welfare of the inhabitants of the city and are hereby declared to be a nuisance.

(Code 1965, § 5311; Code 2002, § 62-72. Ord. No. 99-2; Ord. No. 06-4, § 2)

8.25.160 Duty of landowners to cut and remove nuisances; depositing nuisance materials.

It is hereby made the duty of the owner or person having charge of land on which nuisances as described in this article are found growing, standing, or accumulated to cut and remove from the premises or cause to be cut and removed from the premises all such nuisances in such a manner as shall effectively prevent the reestablishment or perpetuation of such nuisances. No person shall dump, place, or otherwise deposit any such nuisance as described herein on any vacant property.

(Code 1965, § 5312; Code 2002, § 62-73. Ord. No. 99-2; Ord. No. 06-4, § 2)

8.25.170 Abatement procedure.

In addition to any civil and criminal remedies available for violations of the provisions of this article, overgrown weeds and shrubs may be abated pursuant to the provisions of Section 8.25.080.

(Code 1965, § 5313; Code 2002, § 62-74. Ord. No. 99-2; Ord. No. 06-4, § 2)

Article III. Graffiti

8.25.180 Findings.

The Government Code of this state authorizes the city to provide for the removal of graffiti from public and private property and the City Council finds that graffiti is detrimental to property values and degrades the community. Graffiti is inconsistent with the city’s goals for property maintenance and maintenance of the city’s development standards, and is obnoxious, a nuisance, and, unless it is quickly removed from public and private property, results in other properties becoming the target of graffiti, thereby diminishing their value and reducing the ability of the city to meet the health, safety and welfare needs of its citizens.

(Code 1965, § 3120; Code 2002, § 62-101. Ord. No. 94-6)

8.25.190 Definitions.

Graffiti shall mean the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, curbs, traffic control devices, signs, and utility boxes, except as otherwise permitted by this Code.

Marker pen shall mean any writing instrument with a tip exceeding three-eighths inch in width and containing anything other than a solution which can be removed with water after such solution dries.

Property owner shall mean any person owning, leasing, renting, occupying, managing or having charge of any real property or structure.

Responsible adult shall mean a parent, guardian, or person having legal responsibility for a minor.

All other words, terms, or phrases shall be used as defined in Penal Code Section 94 et seq.

(Code 1965, § 3121; Code 2002, § 62-102. Ord. No. 94-6)

Cross references: Definitions generally, § 1.05.100.

8.25.200 Removal required.

(a) Prohibited conditions. It shall be unlawful for any person, owning, leasing, renting, occupying, managing or having charge or possession of any property in the city to maintain, or allow to be maintained, graffiti on such property for an unreasonable period of time if such graffiti or any portion of it is visible to the public, from a public street, sidewalk or from other properties, public or private.

(b) “Unreasonable” defined. For purposes of this section, “unreasonable” shall mean the longer of the following periods:

(1) Ten days from the placement of the graffiti on the premises; or

(2) Ten days from notification to the property owner from the city to remove the graffiti, or any extensions of the removal period granted in writing by the city.

(c) Enforcement. This article shall apply and be enforceable with regard to any property within the city, regardless of zoning district.

(Code 1965, § 3122; Code 2002, § 62-103. Ord. No. 94-6)

8.25.210 Abatement procedure.

(a) Private property owners shall remove graffiti from their property within ten calendar days after notification to the property owners by the city to remove such graffiti.

(b) Whenever graffiti exists upon the property owned by another public agency, or is private property, the city may remove it with the consent of the property owner. If the removal is conducted by the city pursuant to consent, a signed consent form shall first be obtained from the property owner.

(c) Notice to private property owners by the city shall be addressed to the name and address as it appears on the last tax assessment roll with a copy addressed to the subject property. Said notice shall be effected by depositing a copy of the notice in the U.S. mail, certified with postage fully affixed, or personally delivering a copy of the notice to the owner of the property. The service is complete at the time of deposit in the mail or when personal service is effectuated. The failure of any person to receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti.

(d) In the event the owner fails to remove the graffiti after notice has been sent, the city may, at its option:

(1) Declare the structure or property to be a public nuisance;

(2) Abate the graffiti as a nuisance and charge the property owner by invoice and enforce same by lien against the property; or

(3) Prosecute the failure to remove as a violation of [in accordance with] Chapter 1.05.

(Code 1965, § 3123; Code 2002, § 62-104. Ord. No. 94-6)

8.25.220 Payment of cost of abatement.

(a) Amount. The cost of the abatement to be billed to the property owner shall be the actual cost for city crews or contractors to remove said graffiti plus an administrative fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, which shall be added to the invoice as part of any abatement. If volunteers are used, the city may, at its option, bill the cost of abatement plus administrative fee.

(b) Restitution. The city or the owner may seek restitution for the entire cost of removal, including administrative fees, to reimburse the city or owner for any damage caused by the graffiti or the removal. Said restitution may be pursued in a separate civil action, or as part of a criminal proceeding against the perpetrator. Parental liability shall lie from damage or costs incurred by a minor who defaces or otherwise damages property pursuant to this section and Civil Code Section1714.1.

(Code 1965, § 3124; Code 2002, § 62-105. Ord. No. 94-6)

8.25.230 Sale of aerosol spray paint or marker pens to minors.

(a) No person may sell aerosol spray paint or marker pens with tips exceeding three-eighths inch in width to any person under 18 years of age. All retailers of such paint and/or marker pens are required to post warning signs advising of the penalty for vandalism with paint and/or marker pens.

(b) Signs required by this section shall conform to the size requirements of Penal Code Section 594.1(c) and shall be posted conspicuously at the shelf, wall, or counter where the paint is displayed for sale and/or at the point in the store where items are paid for.

(c) The City Manager may, from time to time, at city expense, distribute such signs to retailers, in an effort to minimize sales to individuals contemplating vandalism with paint.

(Code 1965, § 3125; Code 2002, § 62-106. Ord. No. 17)

Article IV. Shopping Cart Abandonment

8.25.240 Definitions.

Abandoned cart. Any cart that has been removed without written consent of the owner of the cart from the premises of the business establishment which owns the cart, regardless of whether it has been left on either private or public property. This provision shall not apply to carts that are removed for purposes of repair or maintenance.

Cart. A basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.

Owner. A person or business establishment owning or using shopping carts in connection with its business.

Person. Any person, corporation, partnership, association, joint stock company, and other entity capable of being sued.

Street. A street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, parking lot, parking area, and place used by the general public.

(Code 1965, § 3140; Code 2002, § 62-131. Ord. No. 99-4; Ord. No. 95-10)

Cross references: Definitions generally, § 1.05.100.

8.25.250 Cart identification required.

Every person who, in connection with the conduct of a business, including but not limited to a food dispensing business, owns or makes any cart available to the public, shall mark or cause the same to be marked and identified conspicuously with the name, address, and telephone number of the owner. Such identification shall be in the form of a metal or plastic tag or plate securely fastened to the cart or standing on the frame of the cart.

(Code 1965, § 3141; Code 2002, § 62-132. Ord. No. 95-10)

8.25.260 Posting of notice by owners of retail establishments.

There shall be posted by the owner of any retail establishment furnishing a parking area and shopping carts or laundry carts for its customers, prominently and conspicuously at all entrances to the retail establishment, a notice in substantially the following form:

REMOVAL OF SHOPPING CARTS (OR LAUNDRY CARTS, IF APPLICABLE,) FROM THESE PREMISES IS PROHIBITED BY LAW (CMC § 8.25.270) AND WILL SUBJECT THE VIOLATOR TO A MINIMUM FINE OF $100.00.

(Code 1965, § 3142; Code 2002, § 62-133. Ord. No. 95-10)

8.25.270 Removal of carts from premises of business prohibited.

It shall be unlawful for any person except the owner of the cart or the owner’s agent to remove the cart from the premises of the business that owns or rightfully possesses the cart.

(Code 1965, § 3143; Code 2002, § 62-134. Ord. No. 95-10)

8.25.280 Abandonment of carts prohibited.

It shall be unlawful for any person, or an agent thereof, to leave, or permit to be left, any cart, either owned by him or in his possession, custody or control, upon any sidewalk, street, or other public place, or upon any private property, except that of the owner of such cart.

(Code 1965, § 3144; Code 2002, § 62-135. Ord. No. 95-10)

8.25.290 Possession of carts without written consent prohibited.

It shall be unlawful for any person, or an agent thereof, to be in possession of any cart while that cart is not located on the premises or parking lot of a retail establishment without the express written consent of the owner of the cart.

(Code 1965, § 3145; Code 2002, § 62-136. Ord. No. 95-10; Ord. No. 99-4)

8.25.300 Plan for prevention of cart removal required.

Every owner who allows or intends to allow the use of carts outside the building of a business shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements:

(1) Notice to customers. Written notification shall be provided to customers that removal of carts from the premises and parking lots is prohibited and a violation of state and local law. This notice may be provided in the form of flyers, warnings on shopping bags, or any form of written notification that will effectively notify customers of the prohibition;

(2) Signs. Signs shall be placed in pertinent places as required by section 8.25.260;

(3) Physical measures. Specific physical measures shall be implemented to prevent the cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, allowing no carts outside the building of the business unless in the company of an employee, bollards and chains around business premises to prevent cart removal, security deposits required for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for the transport of purchases;

(4) Collaboration with other businesses. Two or more businesses may collaborate and submit to the city a single plan;

(5) Evaluation report. The owner shall prepare an annual report which shall be submitted to the city’s Director of Community Development each July 1, evaluating the measures that were used and approved in the prior year. The report shall include, but not be limited to, the inventory of carts owned/used by the business establishment and the number of carts that had to be replaced due to loss, theft, or abandonment; and

(6) Mandatory cart retrieval. In addition to the above provisions, an owner must provide to and have approved by the city, a plan to provide for retrieval of abandoned carts by its employees, or have entered into a contract for cart retrieval services that is approved by the city.

(Code 1965, § 3146; Code 2002, § 62-137. Ord. No. 95-10; Ord. No. 99-4)

8.25.310 Approval of prevention plan and evaluation report; failure to comply with plan.

(a) Submission of plan; approval process; request for hearing.

(1) The proposed plan for preventing cart removal shall be submitted to the city’s Director of Community Development for compliance with section 8.25.300 within 60 days after adoption of this article and by July 1 of each year thereafter. The city’s Director of Community Development shall approve or reject the plan within 30 days of receipt. If approved, the proposed measures shall be implemented by no later than 30 days after approval. If the proposed plan is the same as the previous year, the prevention measures shall be continued.

(2) Should the city’s Director of Community Development reject the plan, the owner may request an administrative hearing in order to resolve this dispute.

(3) The request for hearing shall be made in writing to the City Manager as soon as practicable. After receiving the request for hearing, the City Manager, or his designee, shall conduct a hearing. A continuance of the hearing may be granted upon written request to the City Manager.

(4) Written notice of the date, time, and place of the hearing shall be served at least ten days prior to the hearing. Notice of the hearing shall be sent to the owner by first class mail at the address provided by the owner. The hearing shall be set no sooner than 20 days following the request for hearing.

(b) Evaluation report. A report evaluating the effectiveness of the plan established pursuant to subsection (a) above shall be furnished to the city by July 1 of each year. The Director of Community Development shall approve or reject the report. If the Director of Community Development rejects the report, the owner shall have the same right to appeal as set forth in subsection (a) of this section.

(c) Failure to submit prevention plan or implement prevention measures. Any owner that fails to submit a plan, implement the proposed plan measures, or implement any required modifications to the plan by the city within the timeframes specified in this article shall be required to keep all carts inside the building of the business.

(d) Penalty for failure to submit evaluation report or keep carts inside building.

(1) Any owner that fails to timely submit an evaluation report as required by Section 8.25.300(5) or fails to keep all carts inside the building of the premises, if applicable, shall be subject to a civil penalty of $1,000.00, plus an additional penalty of $50.00 for each day of noncompliance.

(2) The city shall have reasonably determined whether or not a plan is being effectively implemented and may require modifications to a plan. The city shall determine that a plan is not effective and shall require that all carts be kept inside the building of a business.

(Code 1965, § 3147; Code 2002, § 62-138. Ord. No. 99-4)

8.25.320 Retrieval of abandoned carts.

(a) Notice to retrieve carts. The city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the city. The owner shall have three days from the date the notification is given to retrieve the carts from the specified location. The city shall keep a record of notifications for retrieval of abandoned carts for purposes of determining the effectiveness of the plans to prevent the removal of carts.

(b) Administrative costs and fines for failure to comply with notice. Any owner that fails to retrieve its abandoned cart(s) after receiving the three-day notice by the city shall pay the city’s administrative costs for retrieving the cart(s) and providing the notification to the owner. Such costs shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Any owner that fails to retrieve abandoned cart(s) within three days in accordance with this article in excess of three times during a specified six-month period shall be subject to a $50.00 fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period.

(c) Impoundment without notice. Notwithstanding subsection (a) of this section, the city may impound an abandoned cart without providing the three-day notice, provided that the owner is provided with actual notice within 24 hours following the impound and the notice informs the owners as to the location where the cart may be claimed. Any cart reclaimed by the owner within three business days following the date of actual notice shall be released to the owner without charge. Any cart not reclaimed by the owner within three business days following actual notice shall be subject to the fees and penalties set forth in subsection (b) of this section.

(d) Disposition of unclaimed carts. Any cart not reclaimed from the city within 30 days after notification to the owner shall be sold or otherwise disposed of by the city.

(Code 1965, § 3148; Code 2002, § 62-139. Ord. No. 99-4)

8.25.330 Violations.

A violation of this article shall constitute an infraction punishable by Section 1.05.220.

(Code 1965, § 3149; Code 2002, § 62-140. Ord. No. 95-10; Ord. No. 99-4)

Article V. Abandoned, Wrecked, Dismantled, and Inoperative Vehicles

Cross references: Traffic and vehicles, Title 10.

8.25.340 Purpose.

Pursuant to the authority provided in Vehicle Code Section 22660, abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, shall be removed from private and public property, not including highways, as provided in this article.

(Code 1965, § 3900; Code 2002, § 62-161. Ord. No. 1002)

8.25.350 Definitions.

As used in this article:

Highway. A way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

Inoperative vehicle. A vehicle is inoperative if it is:

(a) Mechanically incapable of being driven; or

(b) Prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Section 4000, 5202, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters.

(c) A vehicle shall be deemed inoperative if it is registered with the Department of Motor Vehicles in non-operational status, even if that vehicle is mechanically capable of being driven.

Owner of the land. The owner of the land as shown on the last equalized assessment roll, on which the vehicle, or parts thereof, is located.

Owner of the vehicle. The last registered owner and legal owner of record.

Public property. Does not include highway.

Vehicle. A device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(Code 1965, § 3901; Code 2002, § 62-162. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 06-4, § 3)

Cross references: Definitions generally, § 1.05.100.

8.25.360 Exemptions.

(a) This article shall not apply to:

(1) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

(2) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, a licensed vehicle dealer, or a junkyard.

(b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Vehicle Code Division II, Chapter 10 (Vehicle Code Section 22650 et seq.) and this article.

(Code 1965, § 3902; Code 2002, § 62-163. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 06-4, § 3)

8.25.370 Provisions of article supplemental.

This article is not the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Code 1965, § 3903; Code 2002, § 62-164. Ord. No. 1002; Ord. No. 06-4, § 3)

8.25.380 Enforcement.

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the Chief of Police of the city, or his or her designee.

(Code 1965, § 3904; Code 2002, § 62-165. Ord. No. 853; Ord. No. 1002; Ord. No. 06-4, § 3)

8.25.390 Abandonment prohibited.

It shall be a misdemeanor pursuant to Section 1.05.230 for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle, or part thereof, which is in an abandoned, wrecked, dismantled, or inoperative condition, upon any private property or public property, not including highways. An abandoned vehicle is any vehicle, defined in Vehicle Code Section 670, which has been left on private property or on public property other than highways in such inoperable or neglected condition that the owner’s intention to relinquish all further rights or interests in it may be reasonably concluded.

(Code 1965, § 3905; Code 2002, § 62-166. Ord. No. 798; Ord. No. 853; Ord. No. 1002; Ord. No. 94-5; Ord. No. 06-4, § 3)

8.25.400 Failure to remove vehicle.

It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law where such state law is applicable.

(Code 1965, § 3906; Code 2002, § 62-167. Ord. No. 798; Ord. No. 818; Ord. No. 853; Ord. No. 1002; Ord. No. 06-4, § 3)

8.25.410 Right of entry of agents of city.

When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this article.

(Code 1965, § 3907; Code 2002, § 62-168. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 94-5; Ord. No. 06-4, § 3)

8.25.420 Determination of administrative costs.

The City Council shall, from time to time, determine and fix an amount to be assessed as administrative costs under this article. This cost of administration may be set as a fixed sum per removal or as a percentage of the actual cost of removal.

(Code 1965, § 3908; Code 2002, § 62-169. Ord. No. 798; Ord. No. 818; Ord. No. 1002; Ord. No. 94-5; Ord. No. 06-4, § 3)

8.25.430 Authority of city to abate.

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the Chief of Police, or his/her designee, shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Code 1965, § 3909; Code 2002, § 62-170. Ord. No. 1002; Ord. No. 06-4, § 3)

8.25.440 Notice of intention to abate.

A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed, by registered or certified mail, to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall contain the following provisions:

(1) To the owner of land:

a. A statement that instructs the property owner to abate the nuisance by removal within 10 days from the date of mailing the notice.

b. A statement notifying the property owner that failure to remove the vehicle within the 10-day period will result in the city abating and removing the vehicle; the cost of which, together with administrative costs, will be assessed against the owner of the land.

c. A statement of the hearing rights of the owner of the property on which the vehicle is located. The statement shall include:

1. A statement that the property owner has 10 days after the mailing of the notice to request a public hearing.

2. A statement that the request shall be filed with the Neighborhood Services Division.

3. A statement notifying the property owner that if a request is not received within the 10-day period, the Chief of Police, or his/her designee, shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing.

4. Notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing.

(2) To the last registered and/or legal owner of record of the vehicle:

a. A statement that instructs the registered (and/or legal) owner to abate the nuisance by removal within 10 days from the date of mailing the notice.

b. A statement notifying the registered (and/or legal) owner that failure to remove the vehicle within the 10-day period will result in the city abating and removing the vehicle.

c. A statement of the hearing rights of the registered (and/or legal) owner. This statement shall include:

1. A statement that the registered (and/or legal) owner has 10 days after the mailing of the notice to request a public hearing.

2. A statement that the request shall be filed with the Neighborhood Services Division.

3. A statement notifying the registered (and/or legal) owner that if a request is not received within the 10-day period, the Chief of Police, or his or her designee, shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing.

4. Notice to the registered (and/or legal) owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing.

(Code 1965, § 3910; Code 2002, § 62-171. Ord. No. 853; Ord. No. 1002; Ord. No. 92-15; Ord. No. 06-4, § 3)

8.25.450 Request for hearing.

Upon request by the owner of the vehicle or owner of the land received by the Neighborhood Services Division within 10 days after the mailing of the notices of intention to abate and remove, an administrative hearing shall be held on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said 10 days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing.

(Code 1965, § 3911; Code 2002, § 62-172. Ord. No. 853; Ord. No. 1002; Ord. No. 89-20; Ord. No. 92-15; Ord. No. 06-4, § 3)

8.25.460 Conduct of hearing.

All hearings under this article shall be held before the City Hearing Officer, who shall hear all facts and testimony he deems pertinent, including testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the subject private or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with reasons for such denial. The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this article. At the conclusion of the hearing, the Hearing Officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle, or parts thereof, is located. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, the Hearing Officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the landowner. If an interested party submits a sworn written statement to the Hearing Officer but does not appear, he or she shall be notified, in writing, of the decision. The decision of the Hearing Officer is final.

(Code 1965, § 3912; Code 2002, § 62-173. Ord. No. 798; Ord. No. 818; Ord. No. 853; Ord. No. 1002; Ord. No. 89-20; Ord. No. 92-15; Ord. No. 06-4, § 3)

8.25.470 Removal of vehicle; reconstruction of removed vehicle.

Ten days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance by the Hearing Officer, or 10 days from the date of mailing of the notice of the decision if such notice is required by Section 8.25.460, the vehicle, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After the vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless:

(1) It is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable; or

(2) It is determined to be inoperative pursuant to Section 8.25.350, subsection (b) of the definition of inoperable vehicle, in which case the vehicle can be released as long as the tow fee is paid and it is registered as operable or is stored in an enclosed garage.

(Code 1965, § 3914; Code 2002, § 62-174. Ord. No. 798; Ord. No. 853; Ord. No. 1002; Ord. No. 89-20; Ord. No. 92-15; Ord. No. 06-4, § 3)

8.25.480 Notice to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Code 1965, § 3915; Code 2002, § 62-175. Ord. No. 853; Ord. No. 1002; Ord. No. 06-4, § 3)

8.25.490 Collection of administrative costs and costs of removal.

If the costs, including administrative citations, and/or the cost of removal which are charged against the owner of a parcel of land pursuant to Section 8.25.460 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Government Code Section 38773.5 and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Code 1965, § 3916; Code 2002, § 62-176. Ord. No. 798; Ord. No. 853; Ord. No. 1002; Ord. No. 92-15; Ord. No. 06-4, § 3)

Article VI. Repair of Vehicles in Public View

Cross references: Traffic and vehicles, Title 10.

8.25.500 Restrictions; prohibited repairs.

(a) Purpose and intent. The City Council finds that the repair and/or dismantling of vehicles in public view in residential districts has a negative impact on the liveability and appearance of the city, on the availability of driveways for parking, and on property values, and can pose safety and/or health hazards to children and adults. The City Council determines that the public health, safety, and welfare require the prohibition of the repairing or dismantling of vehicles in public view in residential areas, except under certain circumstances.

(b) Definitions. For the purposes of this section, the following words shall have the meaning set forth herein:

Immediate family. Immediate family shall consist of parents, grandparents, spouse, and children related by blood, marriage, or adoption.

Major repairs. Major repairs include pulling an engine block, repair or replacement of transmissions and front and rear axles, major body repair, dismantling, and similar work.

Registered/registration. A current, valid California registration for a vehicle conforming to Vehicle Code Section 4000 or 9840 et seq. for boats.

Residential districts. Residential districts are those areas of the city zoned for residential use, whether for single- Or multiple-family dwellings.

Routine maintenance. Routine maintenance includes changing oil and tires; replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs; and similar work.

Vehicle. A vehicle is a device by which any person or property may be propelled, moved, or drawn upon a highway or street, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(c) Routine repairs permitted. The registered owner of a vehicle or boat may perform routine maintenance on that vehicle or boat, or a vehicle or boat registered to a member of his immediate family, in public view in the driveway of his residence. Proof of registration of any vehicle or boat on which routine maintenance is occurring shall be provided to any city police officer or code enforcement officer upon request of that officer.

(d) Major repairs prohibited. It shall be unlawful for any person in any residential district to perform major repairs or dismantling in public view on any vehicle, boat, or part thereof, except for major repairs or dismantling which takes place in a fully enclosed garage, or in a carport if no garage exists on the property. If such work takes place in a fully enclosed garage, the garage door shall be closed when the work is not in progress.

(e) Noise. No noise-producing work, whether routine maintenance or major repairs, shall take place before 8:00 a.m. or after 9:00 p.m. on any day.

(f) Cleanup. Upon completion of any work allowed by this section to be performed in public view, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags, and equipment or material used in the work, and shall be left in such a condition that no hazard to persons or property shall remain.

(Code 1965, § 4131; Code 2002, § 62-201. Ord. No. 435; Ord. No. 818; Ord. No. 995; Ord. No. 86-6)