Chapter 8.20
PROPERTY MAINTENANCE
Sections:
8.20.110 Unlawful public nuisances declared.
8.20.120 Nonexclusive procedure and remedies.
8.20.140 Administrative citation.
8.20.150 Recordation of notice of violation.
8.20.170 Limitation of filing judicial action.
8.20.180 No City duty to enforce.
8.20.340 Form of order to show cause.
8.20.370 Waiver of abatement hearing.
8.20.380 Hearing officer order of abatement and notice of right to appeal.
8.20.395 Failure to comply with order of abatement.
8.20.420 Recovery of costs of abatement.
8.20.110 Unlawful public nuisances declared.
It shall be unlawful and a public nuisance for any person owning, occupying, leasing or having charge or possession of any property in the city to maintain or allow to be maintained on such property any of the conditions set forth in this section, regardless of whether the property or any structure thereon is vacant or occupied.
A. The exterior accumulation of weeds, rank growths, dirt, litter, rubbish or debris which is visible from a public street, sidewalk or right-of-way.
B. Broken, abandoned or discarded furniture or other household equipment or fixtures, packing boxes, lumber, junk, trash, rubbish, or other materials or debris, which are visible from a public street, sidewalk or right-of-way, including the dumping, spillage or storage of solids or liquids which may negatively impact the visual or olfactory nature of the area.
C. Buildings, fences or other structures, the exterior walls or windows, which are visible from a public street, sidewalk or right-of-way, containing graffiti or other inscribed material or which are cracked, broken, leaning, fallen, decayed, deteriorated or defaced.
D. Any dangerous, unsightly or blighted condition. For purposes of this section, “blighted” shall mean characterized as being in a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.
E. Neglected or improperly maintained landscaping, visible from a public street, sidewalk or right-of-way, including but not limited to dead, debris laden, weed infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers, or vegetation dying as a result of physical damage, disease, insect infestation or lack of water, or the removal or failure to maintain in good condition any landscaping required as a condition to any permit or development approved or included in the project plans or application, without city approval; provided however, that the provision as to dead or dying vegetation due to lack of water shall not to be enforced during a drought year, as determined by the city. For purposes of this subdivision, a lawn area shall be deemed overgrown if fifty percent or more of its area exceeds twelve inches in height.
F. All mistletoe or other parasite growth in any trees.
G. All sandburs or puncture vines.
H. Storage or maintenance in a residential zone, visible from a public street, sidewalk or right-of-way, of metal storage bins or containers larger than 120 square feet.
I. Where visible from a public street, sidewalk or right-of-way, the exterior storage or maintenance of parts or machinery of any type or description unless specifically authorized by a city license or permit; building materials or merchandise unless specifically authorized by use permit; or construction equipment or garbage bins except while excavation, construction or demolition operations covered by an active building permit or other city permit are in progress on the subject or adjoining property. Provided, however, that Chapter 8.24 of the Galt Municipal Code shall apply to situations involving abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on private or public property, and the abatement thereof.
J. The exterior storage of five (5) or more tires, or the storage of any number of tires in a manner that allows any accumulation of water or creates a fire hazard.
K. The parking or storage of any boat, trailer, camper, motor home, unregistered or non-operable vehicles or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used or zoned for residential purposes, if either:
1. located on any front lawn or front yard or driveway within the front yard set back measured from the property boundary line; or
2. located in any side or rear yard so as to prevent a three foot (3') wide continuous fire access way from the front of the property; or
3. located on any side yard within the required side yard set back measured from the property boundary line of any corner lot.
L. The use of any trailer, camper or motor home for residential occupancy except on property zoned for mobile home parks or camping.
M. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.
N. Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, highway, right-of-way, park or building, without prior city consent. Such obstructions or encroachments include, but are not limited to overgrown trees and shrubs; building materials; merchandise or other personal property; and buildings or portions of buildings or structures protruding onto public property.
O. Use of property in a residential district for the purpose of performing auto repair for profit, except where such use constitutes a legal non-conforming use pursuant to the zoning ordinance of the city.
P. Maintenance of any substance which because of its quantity, concentration or physical, chemical or infectious characteristics may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed.
Q. Any condition recognized in law or in equity as constituting a public nuisance.
R. Any condition constituting a “substandard building” under section 17920.3 of the California Health and Safety Code.
S. The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision in the Galt Municipal Code. This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. The city shall have the power to require property owners and occupants to bring their property into compliance with applicable codes, regardless of whether or not the building is occupied.
Each day that any condition which constitutes a public nuisance continues shall be deemed to be a separate violation of this Chapter. (Ord. 2008-02, Amended, 06/03/2008; 98-02, Repealed & Replaced, 03/03/1998)
8.20.120 Nonexclusive procedure and remedies.
Any condition found to constitute a public nuisance may be abated pursuant to the procedures set forth in this Chapter and Chapter 21.01 of Title 21. (Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.130 Violation unlawful.
In addition to any other remedies provided for in this Chapter or under applicable law, violation of this Chapter or a failure to comply with an Order of Abatement or Notice to Abate issued pursuant to this Chapter shall be unlawful and a offense. Such violations shall be punishable as provided by Chapter 21.01 of Title 21. (Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.140 Administrative citation.
The Building Official or his or her designee is authorized to issue an administrative citation, as provided by Chapter 21.02 of Title 21, to any person violating any of the provisions of this Chapter. (Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.150 Recordation of notice of violation.
The Building Official or his or her designee is authorized to record a “notice of violation” against any property on which a public nuisance exists declaring the existence of the nuisance and describing it. In any case where such a notice has been recorded and the nuisance is later abated, the Building Official shall record a further notice declaring the nuisance abated. (98-02, Repealed & Replaced, 03/03/1998)
8.20.170 Limitation of filing judicial action.
Any action brought in superior court challenging the hearing officer’s decision and order pursuant to section 8.20.350 shall be commenced within thirty (30) calendar days of the date of service of such decision. (Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.180 No City duty to enforce.
Nothing in this Chapter shall be construed as requiring the City to enforce its prohibitions against any or all properties which may violate it. The City envisions that this Chapter will be enforced, in the City’s prosecutorial discretion, only as to a limited number of problem properties, as resources permit. Nothing in this section or the absence of any similar provisions from any other City law shall be construed to impose a duty on the City to enforce such other provision of law. This Chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. (98-02, Repealed & Replaced, 03/03/1998)
8.20.190 Definitions.
A. “Graffiti or other inscribed material” means any unauthorized inscription, word, figure or design that is written, marked, etched, scratched, drawn or painted on any real or personal property regardless of its content or nature of the material used in the commission of the act.
B. “Junk” shall mean any castoff, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material, including tires.
C. “Property” shall mean any real property or lot or parcel of land, including any alley, sidewalk or parkway abutting such lot or parcel of land. (98-02, Repealed & Replaced, 03/03/1998)
8.20.210 Summary abatement.
Notwithstanding any other provision of this Chapter to the contrary, whenever it is determined that a public nuisance as defined by this Chapter is so imminently dangerous to life or other property that such condition must be immediately corrected or isolated, the City may institute summary abatement procedures as provided by section 21.01.090. (Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.310 Notice to abate.
A. In General. Whenever any property is found by the Code Enforcement Officer to contain a public nuisance as declared by this Chapter, he or she shall notify the owner of such property in writing by issuing a Notice to Abate. The notice shall state the conditions which constitute the public nuisance, and shall order the owner to abate said conditions within thirty (30) days after the date of notice. The notice may provide for a shorter period of time in which to abate the public nuisance in the event that (1) the condition which constitutes the public nuisance is not one which makes the property substandard housing as defined by Health & Safety Code section 17920.3, or (2) prior notices to abate the same condition have been sent within the last (90) days and the condition has not been abated.
B. Substandard Housing. Whenever the condition which constitutes a nuisance is a substandard residential building, as defined by Health & Safety Code section 17920.3, then the Notice to Abate required by this section shall be sent not only to the owner, but also to any mortgagee or beneficiary under any deed of trust of record. The notice shall state the conditions which render the building unfit for human habitation and shall order the building or the affected portion of it vacated, and further order that it be either repaired or demolished within thirty (30) days after the date of notice.
If such building is encumbered by a mortgage or deed of trust of record, and the owner does not comply with the Notice to Abate on or before the expiration of thirty (30) days after its mailing and posting, the mortgagee or beneficiary may, within fifteen (15) days after the expiration of said thirty (30) day period, comply with the requirements of the Notice to Abate, in which event the cost of the mortgagee or beneficiary in so doing shall be added to and become a part of the lien secured by the mortgage or deed of trust and shall be payable as provided by Title 25 of the Code of California Regulations, section 54.
C. Manner of Giving Notice.
1. General. The notices shall be mailed by certified U.S. mail, postage prepaid and return receipt requested, to the owner of the property at the address for the owner shown on the last equalized assessment roll of Sacramento County. The names and addresses of owners appearing on the assessment roll shall be conclusively deemed to be the proper person and address for the purpose of mailing such notices. In addition, if the property is other than vacant property, a copy of the notice shall be mailed to the property address.
2. Substandard Housing. Whenever the condition which constitutes a nuisance also constitutes a substandard residential building, as defined by Health & Safety Code section 17920.3, then at least one copy of the Notice to Abate shall be posted conspicuously on the building alleged to be substandard; and an additional copy shall be mailed by registered or certified mail, postage prepaid and return receipt requested, to any mortgagee or beneficiary on any note or deed of trust of record. If the address of a mortgagee or beneficiary is unknown, then that fact shall be stated on the copy so mailed, and the Notice to Abate shall be sent to the mortgagee or beneficiary addressed to him or her at Sacramento, California.
3. Affidavits. The employee sending such Notice to Abate shall file an affidavit with the city clerk certifying the time and manner in which notice was given and shall also file with the city clerk any receipt card returned in acknowledgment of the Notice to Abate.
D. Failure to receive notice. The failure of any owner or other person to receive the Notice to Abate or other notices required by this Chapter shall not affect in any manner the validity of any proceeding taken under this Chapter. (98-02, Repealed & Replaced, 03/03/1998)
8.20.320 Tenant notification.
Tenants in a residential building shall be provided a copy of any notice served under this Chapter concerning any violation which affects the health and safety of the occupants and which violates Civil Code section 1941.1, any order declaring the premises to be substandard, the City’s decision to repair or demolish, or the issuance of a building or demolition permit following the abatement order. Copies may be provided either by first class mail to each affected residential unit, or by posting a copy in a prominent place on the premises at the discretion of the code enforcement officer. (98-02, Repealed & Replaced, 03/03/1998)
8.20.330 Failure to comply with notice to abate unlawful-notice of hearing on abatement of nuisance-order to show cause.
A. It shall be unlawful to fail, neglect or refuse to comply with a Notice to Abate issued pursuant to this Chapter.
B. In the event the owner fails, neglects or refuses to comply with the Notice to Abate, the Code Enforcement Officer may serve an “Order to Show Cause” which shall order such person to either abate the conditions specified in the Notice to Abate or appear before a hearing officer, at a stated time and place, not less than fifteen (15) days from the date of the Order, to show cause why the conditions should not be abated by the City at the owner’s expense. The Order to Show Cause shall be served and posted, and an affidavit filed with the City Clerk, in the manner specified in sections 8.20.310 and 8.20.320. (Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.340 Form of order to show cause.
The Order to Show Cause shall be in substantially the following form:
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NOTICE TO ABATE NUISANCE |
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ORDER TO SHOW CAUSE |
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Hearing Date: |
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Time: |
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Location: |
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An initial determination has been made that there exists upon the building, structure, lot or premises located at ________________, Galt, California, condition(s) constituting a public nuisance(s) under section 8.20.110, subdivision(s) of the Galt Municipal Code. |
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The conditions constituting the nuisance are: _______. The methods of abatement available are: _______. You have previously received a written Notice to Abate dated ___________ requiring you to abate these conditions and have failed to do so. YOU ARE HEREBY ORDERED to either: (1) ABATE THE ABOVE CONDITION(S) by repairing, replacing, removing, destroying or otherwise remedying the condition(s) to the satisfaction of the undersigned enforcement officer within _______ days of the date of this order; OR, alternatively, (2) TO APPEAR AND SHOW CAUSE before a hearing officer at the offices of the ____________________ located at __________________, on at ____ o’clock __m., why these condition(s) should not be abated by the City and the expenses of doing so be charged to you as a personal debt and/or made a special assessment and lien upon the premises. |
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All persons having an interest in said matters are notified to attend the hearing, and their testimony and evidence will be given due consideration. WARNING! (1) If you do not either abate the conditions or attend the hearing, you will have waived your right to a hearing regarding the existence of the nuisance. In that case, the City will abate the nuisance and the expenses of doing so will be made a special assessment and lien upon the property. In addition, you may be cited for violations of the Galt Municipal Code and subject to a fine. (2) Once vehicles or other property are abated by the City, they may be destroyed or otherwise disposed of as provided by law. (3) In accordance with Revenue and Taxation Code sections 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year if these conditions are not abated. |
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Dated: ________ |
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Code Enforcement Officer |
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The portion of the heading entitled “Notice to Abate Nuisance and Order to Show Cause” shall be in letters not less than three-fourths (“3/4”) inch in height. |
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(Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.350 Hearing officer.
The show cause hearing to determine whether a nuisance exists shall be conducted by a hearing officer as provided by section 21.03.060. The hearing officer’s decision shall be final. (Ord. 2006-07, Amended, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)
8.20.370 Waiver of abatement hearing.
Failure of the owner or responsible party to either abate the conditions specified in the Order to Show Cause or to appear at the hearing on the Order to Show Cause after notice has been served shall be deemed a waiver of the right to a hearing and an admission by such owner or responsible party of the existence of the nuisance conditions as specified. In the event of an unexcused failure to appear, the hearing officer may issue an Order of Abatement permitting the conditions to be abated by the City. Notwithstanding anything in this Chapter to the contrary, there shall be no right to appeal such order following both a failure to appear and a failure to abate. (98-02, Repealed & Replaced, 03/03/1998)
8.20.380 Hearing officer order of abatement and notice of right to appeal.
Upon the conclusion of the hearing on the Order to Show Cause, the hearing officer shall determine whether the activity or the premises, or any part thereof, as maintained, constitutes a public nuisance. If the hearing officer finds that a public nuisance does not exist, he or she shall dismiss the proceedings. If the hearing officer finds that a public nuisance does exist and that there is sufficient cause to order the abatement of the public nuisance, the hearing officer shall issue an Order of Abatement, which shall contain findings of fact and shall direct and order the public nuisance abated within the time, and in the manner set forth in the Order. The Order of Abatement shall include notification of the right to appeal and shall be served in the manner set forth in Sections 8.20.310 and 8.20.320. (98-02, Repealed & Replaced, 03/03/1998)
8.20.395 Failure to comply with order of abatement.
It shall be unlawful to fail, neglect or refuse to comply with an Order of Abatement issued pursuant to this Chapter. (98-02, Repealed & Replaced, 03/03/1998)
8.20.410 Abatement by city.
A. If the nuisance is not completely abated by the owner in the time and manner set forth in the Order of Abatement, the nuisance shall be abated by City forces or private contractors retained in accordance with the provisions of this Code; and entry upon the premises to which the Order of Abatement relates is expressly authorized for such purposes. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City whenever such person is engaged in the work of abatement, or in performing any necessary act preliminary to or incidental to such work, as authorized or directed pursuant to this Chapter. The cost, including incidental expenses, of abating the nuisance shall become a civil debt of the owner and other responsible persons and shall be billed to the owner and become due and payable fifteen (15) days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect; attorney’s fees; costs incurred in documenting the nuisance; the actual expenses and costs of the City in the preparation of notices, specifications, and contracts and in inspecting the work; the costs of printing and mailing the notices required hereunder; and any administrative or recording costs charged by the County.
B. In the event that the owner or occupant fails to consent to the City entering his or her property for the purposes of inspecting and/or abating a nuisance under this Chapter, the City may, if legally required, apply for and be granted a court warrant if cause exists, pursuant to Code of Civil Procedure section 1822.52 or any other authority. (98-02, Repealed & Replaced, 03/03/1998)
8.20.420 Recovery of costs of abatement.
The costs of abatement shall be recouped through a civil action pursuant to sections 21.01.060 and 21.01.080, a lien pursuant to section 21.01.100, or a special assessment pursuant to section 21.01.110. (Ord. 2006-07, Repealed and Replaced, 06/06/2006; 98-02, Repealed & Replaced, 03/03/1998)