V. OFFENSES AGAINST PROPERTY
Chapter 9.52
PROPERTY MAINTENANCE
Sections:
9.52.010 Property nuisances.
9.52.020 Abatement—Method.
9.52.030 Abatement—Hearing.
9.52.040 Notice of hearing.
9.52.050 Hearing procedure.
9.52.060 Decision of the hearing officer.
9.52.070 Appeal to the city council.
9.52.080 Notice of hearing on appeal.
9.52.090 Council hearing.
9.52.100 Decision final.
9.52.110 Notice of council action.
9.52.120 Failure to comply with order of hearing officer.
9.52.130 Abatement by the city.
9.52.140 Statement of expense.
9.52.150 Hearing on statement of expenses.
9.52.010 Property nuisances.
It is a public nuisance for any person owning, leasing, occupying, or having charge of any premises in this city to maintain or permit such property to be maintained in such manner that any of the following conditions which constitute a hazard to public health, safety or welfare and are deemed to be an offense against property are found to exist thereon:
A. Buildings or structures which are structurally unsafe or which constitute a fire hazard, or which are otherwise dangerous to human life, or which, in relation to existing use constitute a hazard to safety or health or public welfare by reasons of inadequate maintenance, dilapidation, obsolescence or abandonment;
B. Subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public or adjacent properties whether caused by grading operations, excavations or fill, or as a result of the topography, geology or configuration of the land in its natural state;
C. Accumulation of debris, litter, dirt, overgrown vegetation, dead trees or plant materials or weeds on a property which are visible from a public right-of-way or constitutes a fire hazard;
D. Buildings, fences, or other structures which are or have been abandoned, boarded up, partially destroyed, in need of repair or maintenance or permitted to remain in a state of partial construction;
E. Unpainted, unstained, partially chipped or peeling exteriors of buildings, fences and structures causing or tending to cause dry rot, warping or termite infestation, or buildings, fences and structures left partially unpainted for unreasonable periods of time;
F. Buildings with windows containing broken glass or no glass at all where the window is of a type which normally contains glass;
G. Trees, weeds or other vegetation, which by reason of being overgrown, dead, decayed or diseased or location are:
1. Likely to harbor rats, vermin and other nuisances, or
2. A clear and present risk of physical injury to inhabitants or occupants of the premises or to the public, or
3. By virtue of the excessive amount or exotic character, inconsistent with community standards, an interference with the interest of others in the use, enjoyment or value of their property or the aesthetic character of the community, or
4. Overhanging, blocking or obstructing a sidewalk, street, driveway or alley, including weeds that are growing within the joints of a public sidewalk, adjacent public street(s), private walkways, private driveways or driveway aprons, or in rock gardens or any other area visible from a public right-of-way, or
5. Obstructing the sight distance of drivers of vehicles at street intersections;
H. Landscaping which is negligently maintained or permitted to become overgrown, rank and unsightly, or the growth of weeds, grasses or other plant material within or onto the adjacent public sidewalks;
I. Trailers, including boat trailers and hauling trailers, campers, camper shells, boats, machinery, mobile equipment and vehicles, either operable or inoperable, parked or stored in the front yard (as defined by Section 17.04.020) unless on a front yard driveway or a city-approved driveway expansion area and in accordance with Chapter 17.64 of Title 17 of this code;
1. Parking, repairing, or storing of vehicles, boats, boat trailers, hauling trailers or other trailer of any type in a front yard (as defined by Section 17.04.020) off of an approved driveway apron.
J. Storage of boxes, litter, garbage, broken or discarded furniture, household equipment, appliances, vehicle parts, shopping carts, or other refuse in front, rear or side yards, or unscreened on exterior balconies for unreasonable periods of greater than forty-eight (48) consecutive hours or as part of a continuing practice of such storage, except those items awaiting collection by the city’s refuse collection agency;
K. The presence of any building or object, whether natural or manmade, which, whether in its accepted condition or that in which it is allowed to remain which potential hazards exist, such as:
1. Abandoned and broken or neglected equipment, appliances or machinery, or
2. Pools, ponds or excavations inadequately protected;
L. With the exception of days when trash is picked up by the City’s authorized trash removal service or contractor, trash containers, including those used for recycling materials, landscape clippings and waste, and general trash, placed and/or stored in a location and in a manner such that they are in a front yard, including the driveway, or are visible from the lagoon.
M. Neglect of premises:
1. To spite neighbors, or
2. To influence zone changes, or
3. To cause detrimental effect upon nearby property or property values;
N. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance;
O. Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties, or is materially detrimental to proximal properties and improvements;
P. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property value of such adjacent properties;
Q. Placing trailers of any type, trash, trash containers (including those used for recycling materials, landscape clippings and waste) palettes, building materials or any other materials whatsoever, for more than twenty-four (24) consecutive hours in parking or loading stalls which were originally approved for the purpose of meeting the parking o loading requirements of a building or development;
R. Those portions of lagoon or waterfront properties directly adjacent to or observable from the water or land, maintained in any of the following ways or having any of the following features or characteristics:
1. Grass, hedges, shrubs, vines and plant material or any type which is not kept mowed, trimmed or cut at regular intervals in order to maintain the same in a neat and attractive manner, or which significantly interferes with the view of the water of adjacent properties;
2. Dead or dying plant material which has not been removed and/or replaced;
3. Weeds, vegetation, rubbish, debris, garbage, objects, waste material, or materials of any kind placed or permitted to accumulate which renders the area unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof, or to the occupants of any such property in the vicinity;
4. A continuous row of plant material parallel to the water maintained at a height or in a fencelike shape or manner which significantly interferes with the view of the water from adjacent properties;
5. Unlandscaped areas in front, side or rear yards;
6. Plant materials, including trees, shrubs and groundcovers, growing into the lagoon or causing a safety hazard;
7. Structures, including patio covers, trellises, windscreens, decks, walkways and sheds, which are in need of repair, maintenance or replacement;
8. Docks or bulkheads which are in need of repair, maintenance or replacement;
9. Boats and/or boat parts, sailboards and/or sails, catamarans and/or sails, or other aquatic related recreational equipment stored in a side or rear yard which is not used on a regular and frequent basis or which is in need of repair, maintenance or replacement;
10. Building material of any kind or character placed or stored upon said portion of the lot so as to be open to view to the public or neighbors, unless such material will be used and is used within three months for the construction of buildings or structures upon the lot upon which the material is stored;
11. Clotheslines, bedding or laundry which are unscreened by landscaping and/or an approved trellis or latticework walls.
S. The parking or storage of vehicles, trailers, campers, boats, and other recreational vehicles or other equipment which overhang, block or obstruct a sidewalk, street, driveway or public right-of-way;
T. Unlandscaped areas in front and side yards which are visible from any public right-of-way;
U. Treehouses, platforms or similar structures constructed on or within a tree or shrub which are visible from any public right-of-way;
V. Accumulation of animal excrement or decayed vegetation in any front, rear or side yard, constituting unsightly appearance, dangerous to public health, safety or welfare or which is visible from any public right-of-way;
W. Unauthorized graffiti, logos or any unauthorized drawing or painting on the exterior of any building, fence or structure constituting unsightly appearance;
X. Clotheslines, bedding, or laundry in front yards, waterfront, or other locations on the property which are unscreened by landscaping and/or an approved trellis or latticework walls. (Ord. 512 § 2, Exh. A, 2004: Ord. 474 1, 1999; Ord. 455 § 1, 1998; Ord. 431 § 1, 1996; Ord. 390 § 1 (Exh. A), 1992; Ord. 353 § 1, 1988: Ord. 138 § 1 (part), 1976)
9.52.020 Abatement—Method.
All or any part of premises found, as provided in this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedure set forth in this chapter. The procedure set forth in this chapter shall not in any manner, however, limit or restrict the city from enforcing other parts of this code or abating public nuisances in any other manner provided by law. (Ord. 138 § 1 (part), 1976)
9.52.030 Abatement—Hearing.
Whenever a complaint in writing is received that any premises within the city is so maintained as not to be in conformity with one or more of the provisions of this chapter, then a public hearing shall be held to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the city. The city manager or his designated representative shall be the hearing officer at such public hearing. (Ord. 138 § 1 (part), 1976)
9.52.040 Notice of hearing.
A. Notice of the time, date, and place of the public hearing on the question of the existence of a public nuisance shall be delivered to the owner of the property as his name appears on the last equalized roll upon which city taxes may be collected to the address shown thereon or to such address as is known to the city clerk and to the occupant or occupants of the premises.
B. Such delivery of notice shall be made at least ten days prior to the date set for the hearing. Delivery of the notice may be made by personal service or by certified mail, return receipt requested. If the notice is delivered by mail, deposit with the United States Postal Service fifteen days prior to the date of the hearing shall be deemed to be delivery.
C. The notice shall describe the premises involved by street address, referring to the street name under which it is officially or commonly known, shall further describe the property by giving the lot and block number thereof and the name of the subdivision, shall give a description of the conditions contrary to the provisions of this chapter which are alleged to exist and which if they do exist, constitute a public nuisance and a brief statement of the methods of abatement available.
D. Notice of the time, date and place of the public hearing shall be mailed to the person filing the complaint by depositing the same, postage prepaid, in the United States Postal Service, to the address provided on the complaint at least ten days prior to the hearing. (Ord. 138 1 (part), 1976)
9.52.050 Hearing procedure.
At the time stated in the notice, the hearing officer shall hear and consider all relevant facts and testimony deemed pertinent. The hearing officer shall receive testimony from the owner or his representative, witnesses, city personnel and interested persons relative to such alleged public nuisance and to the proposed rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. (Ord. 138 1 (part), 1976)
9.52.060 Decision of the hearing officer.
At the conclusion of the hearing, or within ten days thereafter, the hearing officer shall render his decision in writing. Based upon the evidence produced at the hearing, the hearing officer shall determine whether the premises or any part thereof, as maintained constitutes a public nuisance as defined in this chapter. If the board officer finds that such public nuisance exists and that there is sufficient cause to rehabilitate, demolish or repair the same, the hearing officer shall order the same to be done. The order requiring the rehabilitation, demolition or repair shall state that which is to be done and the date by which such work shall be commenced or completed. The order shall be delivered as provided in Section 9.52.040 to the owner and occupant of the premises. (Ord. 138 1 (part), 1976)
9.52.070 Appeal to the city council.
Within ten days of the delivery of the order of the hearing officer, any interested party may appeal the decision of the hearing officer to the city council by filing a written notice of appeal with the city clerk requesting that the matter be heard by the city council. The clerk shall then place the matter on the next open agenda of the city council which is fifteen or more days after receipt of the appeal. (Ord. 138 1 (part), 1976)
9.52.080 Notice of hearing on appeal.
Notice of the hearing on appeal shall be delivered as provided in Section 9.52.040 to the owner and occupant of the premises and to any person who attended the hearing before the hearing officer and who then requested notice of appeal. (Ord. 138 1 (part), 1976)
9.52.090 Council hearing.
The council hearing shall consider the evidence presented to the hearing officer, his written findings and order and such other evidence as may be presented. (Ord. 138 1 (part), 1976)
9.52.100 Decision final.
At the conclusion of the hearing, the city council may approve, disapprove or amend the decision of the hearing officer; provided, that a new date by which such work or repair, rehabilitation or demolition shall be commenced or completed shall be set. The decision of the city council shall be final. (Ord. 138 1 (part), 1976)
9.52.110 Notice of council action.
Notice of the decision of the city council shall be delivered as provided in Section 9.52.040, and in the event the city council finds that a public nuisance does exist on the premises and orders the abatement thereof, the city clerk shall cause a certified copy of the notice to be recorded in the official records of the county. When the nuisance is abated thereafter, and upon certification thereof by the hearing officer, the city clerk shall cause a recision of the notice to be recorded. (Ord. 138 1 (part), 1976)
9.52.120 Failure to comply with order of hearing officer.
If the order of the hearing officer is not complied with and no satisfactory explanation therefor is given, the hearing officer shall notify the city clerk and the city clerk shall set the matter for hearing before the city council in the same manner as provided in this chapter for an appeal. (Ord. 138 1 (part), 1976)
9.52.130 Abatement by the city.
If the public nuisance as determined by the city council is not completely abated within the time stated in the order therefor, the council may direct the city manager to cause the same to be abated by city forces or private contract, and the city manager (or his designated representative) is expressly authorized to enter upon said premises for such purpose. (Ord. 138 1 (part), 1976)
9.52.140 Statement of expense.
The city manager shall keep an itemized account of the expenses involved in abating such public nuisance on each separate lot or parcel of land where work is done and deduct therefrom the amount received from any salvage value. He shall then post conspicuously on the property upon which the work was performed a verified statement of the gross and net expense of abating the nuisance, together with a notice of the time and place when and where such statement shall be submitted to the city council for approval and confirmation. He shall mail another copy of such statement and notice to the person named as the owner on the books of the county assessor, or to such address as is known to him, after which he shall file his affidavit with the city clerk certifying to the time and manner of posting such statement and notice, and also to the mailing thereof. The time for submitting such statement to the city council for confirmation shall be not less than five days from the date of posting and mailing. (Ord. 138 1 (part), 1976)
9.52.150 Hearing on statement of expenses.
At the time fixed for hearing on the statement of expenses, the city council shall consider the statement and such objections as may be offered against it, whereupon it shall modify, amend or confirm the same as submitted; provided, it may continue such hearing from time to time. When it has been fully confirmed, the city clerk shall transmit a certified copy to the assessor and the tax collector.
Upon final confirmation of such statement, the expense of abating any such public nuisance, less any money received from any salvage value as aforesaid, constitutes a lien on the real property upon which the same has been abated, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collectible at the same time and in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency.
If the amount received from any salvage exceeds the expense of abating the nuisance, such excess shall be deposited with the city treasurer to the credit of such owner and be payable to him on demand. (Ord. 138 1 (part), 1976)