Chapter 6.16
PROPERTY MAINTENANCE
Sections:
6.16.030 Notice to abate nuisance.
6.16.060 Hearing on objections.
6.16.080 Owner’s right to abate.
6.16.090 Burning unlawful without permit.
6.16.100 Nonliability of city—Exception.
6.16.120 Abatement costs—Record.
6.16.130 Abatement costs—Report.
6.16.140 Mailing of statements and notices.
6.16.150 Notice of the hearing on the abatement cost report.
6.16.160 Hearing—Form of notice.
6.16.190 Assessment of costs against property—Lien.
6.16.200 Performance of abatement by contract.
6.16.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Dirt” includes any artificial accumulation of earth of a size, shape or composition to constitute a hazard to the public health or safety;
B. “Director” means the community development director, the fire chief, or the chief of police services. Except as otherwise provided herein, the director shall have the authority to enforce the provisions of this chapter;
C. “Rank growth” includes any excessive or coarse growth weeds or other plant forms, natural or cultivated, which, at maturity, reach exceptionally tall or luxuriant size or which have a highly offensive or strong odor;
D. “Rubbish” includes all waste paper, wood, cardboard or other flammable material of any kind which endangers the public safety by creating a fire hazard. Rubbish shall also include junk, trash or debris, abandoned, discarded or unused automobiles, furniture, stoves, refrigerators, freezers, cans or other containers, and partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicles which are detrimental to the property of others and which cause or tend to cause substantial diminution of the value of other property in the neighborhood;
E. “Weeds” means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous and shall include but not be limited to any of the following:
1. Sagebrush, chaparral, and any other brush or weeds which attain such a large growth as to become, when dry, a fire menace to adjacent improved property;
2. Weeds which are otherwise noxious or dangerous;
3. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;
4. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard. (Ord. 704 § 1 (part), 2008: Ord. 243 § 1, 1974).
6.16.020 Nuisances.
A. Unlawful Residential Property Nuisance. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the city to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by any other provision of law, including provisions of city ordinances:
1. The accumulation of dirt, litter or debris;
2. Clothes lines or clothes hanging in front yards;
3. Boxes, bins, containers, lumber, junk, trash, salvage materials or other similar materials;
4. Attractive nuisances dangerous to children, including but not limited to abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations;
5. Broken or discarded furniture, household equipment and furnishings or shopping carts;
6. Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
7. Weeds, dead, decayed, diseased or hazardous trees and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare;
8. Swimming pools with stagnant water, including the accumulation of floating scum, algae, and debris;
9. Graffiti on the exterior of any building, fence or other structure;
10. Wrecked, abandoned, dismantled or inoperable vehicles, vehicle parts or other articles or personal property that are abandoned or left in a state of partial construction or repair;
11. Mobile homes, recreational vehicles, utility trailers, unmounted camper shells, boats, cars, trucks or other vehicles that are parked or stored in violation of this title or Title 18 of this code;
12. Buildings that are abandoned, boarded up, partially destroyed or left in a state of partial construction and such buildings that are unpainted or where the paint on the building exterior is mostly worn off;
13. Any substandard housing condition under the State Housing Law, as provided by Section 17920.3 of the California Health and Safety Code.
B. Unlawful Nonresidential Property Nuisance. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresidential property in the city to maintain or to allow to be maintained such property in such a manner that any of the following conditions are found to exist thereon and are visible from a public street, except as may be allowed by any other provision of law, including provision of city ordinances:
1. The accumulation of dirt, litter or debris;
2. Boxes, bins, containers, lumber, junk, trash, salvage materials or other similar materials;
3. Attractive nuisances dangerous to children, including but not limited to abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations;
4. Broken or discarded furniture, household equipment and furnishings or shopping carts;
5. Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
6. Weeds, dead, decayed, diseased or hazardous trees and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare;
7. Wrecked, abandoned or inoperable vehicles, vehicle parts or other articles of personal property that are abandoned or left in a state of partial construction or repair;
8. Mobile homes, recreational vehicles, utility trailers, unmounted camper shells, boats, cars, trucks or other vehicles that are parked or stored in violation of Chapter 18.98 of the zoning title;
9. Graffiti on the exterior of any building, fence or other structure;
10. Buildings that are abandoned, boarded up, partially destroyed or left in a state of partial construction and such buildings that are unpainted or where the paint on the building exterior is mostly worn off;
11. Any other item or items, condition or situation determined by the fire chief, community development director or chief of police services to be a public nuisance or a health or safety concern.
C. Declaration of Public Nuisance. Any property found to be maintained in violation of subsection A or B of this section, or any violation of Patterson Municipal Code that is found to substantially interfere with public health and safety, is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth herein. The procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.
To establish a prima facie violation of this chapter, it shall not be necessary to establish any facts, except that the accused persons owned, managed or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Ord. 751 (part), 2014; Ord. 704 § 1 (part), 2008: Ord. 243 § 2, 1974).
6.16.030 Notice to abate nuisance.
Whenever the director, or such other official as may be designated by the city council, finds that weeds, rubbish, dirt or rank growth are growing, located or existing upon any property within the city in violation of the provisions of this chapter which may endanger or injure, or be detrimental to, or which cause substantial diminution in the value of neighboring property or endanger or injure the welfare of the residents in the vicinity of such property, or which may become a fire hazard, the director, or such other official as may be designated by the city council, shall give, or cause to be given, notice in the manner and in the forms specified in this chapter requiring the abatement of such nuisance and stating that unless such nuisance be abated without delay by the destruction or removal of the weeds, rubbish, dirt and rank growth, the nuisance will be abated by city authorities and the expense thereof assessed upon the lot, parcel and land from or on which such nuisance was abated. (Ord. 704 § 1 (part), 2008: Ord. 243 § 3, 1974).
6.16.040 Form of notice.
The notice specified in Section 6.16.030 shall be substantially the following form:
NOTICE TO ABATE PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN THAT:
Pursuant to the provisions of Ordinance No. 704 of the City of Patterson, all weeds, rubbish, dirt and rank growth and other nuisances as defined in Section 6.16.020 of said Ordinance, growing or existing on private property on this street or in any street or alley abutting any such property constitute a public nuisance which must be abated by the destruction or removal thereof.
All persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, destroy or remove all such weeds, rubbish, dirt and/or rank growth from their property and from their half of the abutting street and alley between the lot lines, as extended, or such weeds, rubbish, dirt and/or rank growth will be destroyed or removed and such nuisance abated by city authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which municipal taxes are collected.
All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the City Council of the City of Patterson to be held on _____, 20____, at _______ o’clock p.m., at which time and place all objections will be heard and given due consideration.
DATED: _______________, 20____.
_____________________________
(Ord. 704 § 1 (part), 2008: Ord. 243 § 4, 1974).
6.16.050 Service of notice.
Such notices shall be given in the manner set forth in this section:
A. The director, or such other official as may be designated by the city council, shall cause a notice or notices to be mailed by United States mail, to the owner of the subject property as shown upon any city record, or upon the last equalized assessment roll or at his last known address, whichever he shall determine to be the best means of serving notice upon the actual owner. Additionally, if the subject property address and the subject property owner’s address are different, the director or other designated official shall cause a notice or notices to be mailed by United States mail to the property address. The failure of the owner to receive such notice shall not affect the power of the city or of its officers or employees to proceed as provided in this chapter.
B. Such notice shall be mailed not less than ten days prior to the date set for a hearing upon objections as provided in Section 6.16.060 of this chapter. (Ord. 704 § 1 (part), 2008: Ord. 243 § 5, 1974).
6.16.060 Hearing on objections.
At the time and place stated in the notice, the council shall hear and consider any and all objections to the proposed abatement of the nuisance. The council may continue the hearing from time to time. At the conclusion of the hearing, the council shall render its decision as to whether or not a condition exists that is dangerous to life, limb or property or to public health, safety or morals. If it finds such a condition to exist it shall overrule any or all objections. If it finds no such condition to exist, it shall allow such objections. The decision of the council shall be final and conclusive. (Ord. 704 § 1 (part), 2008: Ord. 243 § 6, 1974).
6.16.070 Abatement by city.
After final action shall have been taken by the council on the disposition of all objections, or in case no objections shall have been received, the director or other such designated official, or his deputies, assistants, employees, contracting agents, or other representatives, are expressly authorized and directed to abate any and all nuisances by having the weeds, dirt, rubbish and/or rank growth destroyed or removed and are expressly authorized to enter upon private property for that purpose. (Ord. 704 § 1 (part), 2008: Ord. 243 § 7 (part), 1974).
6.16.080 Owner’s right to abate.
Any person owning, managing or having control, charge or occupancy of any such property shall have the right to destroy or remove such weeds, dirt, rubbish and/or rank growth himself, or to have the same destroyed or removed at his own expense; provided, that the nuisance shall be abated prior to the arrival of the director or his authorized representatives. (Ord. 704 § 1 (part), 2008: Ord. 243 § 7 (A), 1974).
6.16.090 Burning unlawful without permit.
It is, however, unlawful for any such person to burn or attempt to burn any such weeds, rubbish and/or rank growth without first having obtained written permission so to do from the chief of the fire department and without complying fully with all state and local regulations governing such burning, including those of the Air Pollution Control District. (Ord. 704 § 1 (part), 2008: Ord. 243 § 7 (B), 1974).
6.16.100 Nonliability of city—Exception.
Neither the city nor any of its authorized representatives who enter upon such property for the purpose of removing or destroying such weeds, rubbish, dirt and rank growth shall be responsible for damages resulting from injury to any improvement on the premises unless the person owning, managing or having control, charge or occupancy of any such property which has not been improved by the construction of a structure of a type which requires a building permit shall have first given written notice to the city clerk of any improvements, whether temporary or permanent in nature, which have been placed on the parcel and which are of a type which would not be readily apparent to a person entering the parcel for the purpose of destroying or removing weeds, dirt, rubbish and/or rank growth. The notice should include such items as underground pipes, boundary and survey markers and crops and other plantings, if any, and shall be submitted not later than two days after the decision of the city council disposing of any objections. (Ord. 704 § 1 (part), 2008: Ord. 243 § 7 (C), 1974).
6.16.110 Fees.
The fees associated with this chapter shall be set by resolution of the city council. (Ord. 704 § 1 (part), 2008).
6.16.120 Abatement costs—Record.
The director, or such other designated official, shall keep an account of the cost of abatement, including incidental expenses, in front or on each individual lot or parcel of land in the abutting half of the street in front, and the alley, if any, in the rear thereof. “Incidental expenses” includes administrative overhead, the cost of printing, advertising and/or posting provided for in this chapter, the compensation of the person appointed by the city to take charge and superintend any of the work authorized under this chapter, the expenses of preparing and typing the resolutions, notices and other papers in proceedings for such work and any other expenses incidental to the completion and inspection of the work. (Ord. 704 § 1 (part), 2008: Ord. 243 § 8, 1974. Formerly 6.16.110).
6.16.121 Attorney’s fees.
In addition to the cost of abatement and incidental expenses incurred as a result of the abatement proceeding, pursuant to Section 3877.5 of the Government Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney’s fees; provided, that, pursuant to Section 38773.5, attorney’s fees shall only be available in those proceedings in which the city has provided notice at the commencement of such proceedings that it intends to seek and recover attorney’s fees. (Ord. 751 (part), 2014).
6.16.130 Abatement costs—Report.
Within a reasonable time after the conclusion of such abatement, the director, or such other designated official, shall prepare and submit to the city council for confirmation an itemized written report showing such costs. Such report shall refer to each separate lot or parcel of land by descriptions sufficient to identify such lot or parcel together with the expenses proposed to be assessed against each separate lot or parcel of land therefor, respectively. (Ord. 704 § 1 (part), 2008: Ord. 243 § 9, 1974. Formerly 6.16.120).
6.16.140 Mailing of statements and notices.
The director shall also mail a statement of the expenses proposed to be assessed against any lot or parcel of land under the provisions of this chapter to each person to whom such property is assessed in the last equalized assessment roll prior to the date of mailing. Such mailing shall be made not later than ten days prior to the time set for council hearing of objections and to confirm such assessments and shall include notice of the time and place for which said hearing has been set. Failure of any record owner to receive such mailed statement and notice shall not affect the validity of any proceedings under this chapter. (Ord. 704 § 1 (part), 2008: Ord. 243 § 10, 1974. Formerly 6.16.130).
6.16.150 Notice of the hearing on the abatement cost report.
The city clerk shall post on the bulletin board in the lobby of the City Hall a copy of the foregoing report and assessment list on the cost of the abatement of the nuisance of weeds, dirt, rubbish and/or rank growth, together with a notice of the time and place when and where it will be submitted to the council for hearing and confirmation, notifying property owners that they may appear at such hearing and object to any matter contained therein. A like notice shall also be published once in a newspaper of general circulation published and circulated within the city. The posting and publication shall be made and completed at least ten days prior to the date of such hearing. (Ord. 704 § 1 (part), 2008: Ord. 243 § 11, 1974. Formerly 6.16.140).
6.16.160 Hearing—Form of notice.
The form of the notice of the hearing on the report and assessment, as provided in Section 6.16.150, shall be substantially as follows:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR NUSIANCE ABATEMENT
NOTICE IS HEREBY GIVEN that on ___________, 20___, the Community Development Director, the Fire Chief, or the Chief of Police Services of the City of Patterson filed with the City Clerk of said City a report and assessment on abatement of weeds, rubbish, dirt, and rank growth within the said City, a copy of which is posted on the bulletin board in the lobby of the City Hall.
NOTICE IS FURTHER GIVEN that on the _____ day of __________, 20___, at the hour of _____ o’clock p.m., in the Council Chambers of the City Hall, said report and assessment list will be presented to the City Council for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list or to any matter or thing contained therein, may appear at said time and place and be heard.
DATED: _____________, 20____.
_________________________
City Clerk
(Ord. 704 § 1 (part), 2008: Ord. 243 § 13, 1974. Formerly 6.16.150).
6.16.170 Hearing—Report.
At the time affixed for receiving and considering the report of the cost of the abatement, the council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance. The city council may modify the report or proposed assessments if, and in the manner, it deems necessary. Such hearing may be continued from time to time. At the conclusion of the hearing, the city council shall confirm the report and assessment list by resolution. (Ord. 704 § 1 (part), 2008: Ord. 243 § 14, 1974. Formerly 6.16.160).
6.16.180 Collection of costs.
Upon confirmation of the report and assessment list, the city clerk shall transmit a certified copy of the resolution, report and list the county assessor and to the county tax collector for entry upon and collection with the next tax roll upon which general municipal taxes are collected. Thereafter, such amounts shall be collected at the same time and in the same manner as general city taxes are collected and shall be subject to the same interest and penalties and the same procedure and sale in case of delinquency. (Ord. 704 § 1 (part), 2008: Ord. 243 § 15, 1974. Formerly 6.16.170).
6.16.190 Assessment of costs against property—Lien.
The cost of abatement upon, or in front or rear, of each lot or parcel of land shall constitute a special assessment against that lot or parcel. After such assessment has been made and confirmed, it shall constitute a lien upon such lot or parcel for the amount of such assessment, until paid. (Ord. 704 § 1 (part), 2008: Ord. 243 § 16, 1974. Formerly 6.16.180).
6.16.200 Performance of abatement by contract.
Abatement of the nuisance may, in the discretion of the city council, be performed by private contract. In such event, the contractor shall keep the account and submit to the city an itemized written record of cost of abatement for each separate parcel of land as required by this chapter. (Ord. 704 § 1 (part), 2008: Ord. 243 § 17, 1974. Formerly 6.16.190).