Chapter 8.02
PROPERTY MAINTENANCE
Sections:
8.02.020 Unlawful public nuisances.
8.02.030 Nonexclusive procedure.
8.02.070 Notice of hearing on abatement of nuisance.
8.02.100 Waiver of abatement hearing.
8.02.140 Limitation of filing judicial action.
8.02.170 No duty on city to enforce.
8.02.010 Findings.
A. The purpose of this chapter is to promote the health, safety and general welfare of the public by requiring a level of maintenance of property which will protect the habitability, appearance and social and economic stability of the city, and which will protect the public from health and safety hazards and the impairment of property values which result from the neglect and deterioration of property into substandard conditions.
B. The existence of such conditions as described in this chapter is injurious and inimical to the public health, safety and welfare of the residents of the city and contributes substantially and increasingly to the deterioration and blight of residential neighborhoods, commercial areas and industrial areas.
C. The city council finds and declares that the increase of graffiti on public and private buildings, structures, playgrounds, buses, signs, and in other places, creates a condition of blight within the city, which can result in the deterioration of property values, business opportunities, and the enjoyment of life for persons using adjacent and surrounding property, all to the detriment of the city. The city council finds that graffiti is inconsistent with the city’s property maintenance goals, crime prevention programs, and esthetic standards. It is a public nuisance which serves as an invitation for repeated trespasses and vandalism and therefore must be abated to avoid the detrimental impact of such graffiti on the city and to prevent and control the application of graffiti on property within the city.
D. Abatement of these conditions is in the best interest of the health, safety and welfare of the residents of the city because maximum use and enjoyment of properties closely proximate to one another depends upon maintenance of those properties at or above a minimum standard of sightliness. The beneficial effects of maintaining a minimum standard of sightliness for property in the city include, but are not limited to, appreciation of property values, physical improvement of residential and commercial areas, attraction of investors of capital to residential and commercial zones, increase in commercial trade, and maximum use of property for its highest and best use.
E. This chapter shall apply to all publicly owned property in the city, including city property, to the extent allowed by law.
F. It is the intent of this chapter that determinations as to violations of building or construction standards and regulations shall be made by the building official, chief building inspector, public works division manager, or designees. Whenever in this chapter a duty or responsibility is imposed upon a code enforcement officer, such duty or responsibility may be performed by the code enforcement officer or his or her designee. For the purposes of this chapter, “code enforcement officers” shall be deemed to include building inspectors. (Ord. 95-003 (part), 1995)
8.02.020 Unlawful public nuisances.
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 the conditions set forth in this section. For the purposes of this chapter, “property” means any lot or parcel of land, including any alley, sidewalk or parkway abutting such lot or parcel of land.
A. The exterior accumulation of weeds, dirt, litter, rubbish or debris on the property which is visible from a public street, sidewalk or right of way. Chapter 8.20 of the municipal code will apply in situations where weeds and rubbish on private property are not necessarily visible to public view.
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 the 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. “Junk” means any cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material.
C. Buildings, fences or other structures, the exterior walls or windows of which, visible from a public street, sidewalk or right of way, contain graffiti or other inscribed material or which are cracked, broken, leaning, fallen, decayed, deteriorated or defaced, including, but not limited to, 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. “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.
D. Neglected or improperly maintained landscaping, visible from a public street, sidewalk or right of way, including but not limited to dead, debris leaden, 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 approval 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 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. It is the intent of the city to enforce this subdivision against those properties with open and notorious unlawful conditions, as provided herein.
E. Storage or maintenance in a residential zone, visible from a public street, sidewalk or right of way, of metal storage bins or containers.
F. Where visible from a public street, sidewalk or right of way, the exterior storage or maintenance of unregistered, dismantled or inoperative vehicles, automotive engines, parts, or machinery of any type or description unless specifically authorized by 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.
G. The parking or storage of any vehicle, boat, trailer, camper, motor home or other mobile equipment, whether or not motorized, or portions thereof, including accumulation or storage of vehicle parts or other mechanical parts and components of a vehicle, boat, trailer, camper, or motor home, on property used or zoned for residential purposes, on any front lawn, front yard, side yard or rear yard, where visible from the public right-of-way; provided, however, that such parking or storage of a legally registered and operable vehicle, boat, trailer, camper, or motor home shall be allowed on required parking spaces or paved driveways leading directly from approved and permitted curb cuts to required garages, carports or other required off-street parking spaces, if such vehicle, boat, trailer, camper or motor home is located totally within private property and does not extend or block any public right-of-way. The parking or storage of any vehicle, boat, trailer, camper, motor home or other mobile equipment on paved areas located in the front yard or side yard other than the required driveways leading directly to garages, carports or other required off-street parking areas, or in the rear yard where visible from the public right-of-way, shall be prohibited. It shall also be prohibited, and a public nuisance, to park any vehicle on any privately owned property if such vehicle would be considered overweight and not allowed to drive on the street or highway from which such property is accessed, pursuant to Sections 10.12.150, 10.04.110 and/or 10.04.120.
H. 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.
I. Once commenced, the failure by private property owners to complete, within a reasonable period of time, exterior physical improvements, visible from the public right-of-way, such as streets, curbs, gutters and other improvements whether or not intended to be dedicated to the city.
J. Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, highway, right-of-way, park or building, without a valid permit. 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.
K. Use of property in a residential district for the purpose of performing auto repair for profit is prohibited. Auto repair including work on any vehicle, boat, trailer, camper, motor home or other mobile equipment, whether or not motorized, may be allowed only in accordance with the provisions of Municipal Code Section 5.20.150. In no instance shall more than two permits be issued and active at any one time for any property located in a residentially zoned district. All such auto repair shall only be allowed on or in the approved driveway, garage, carport or other required off-street parking space.
L. Any condition recognized in law or in equity as constituting a public nuisance.
M. Any condition constituting a “substandard building” under Section 17920.3 of the California Health and Safety Code.
N. The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision in the San Pablo 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 the building is occupied.
O. Cultivation of Cannabis. No person owning, renting, leasing, occupying, or having charge or possession of any parcel shall cause or allow such parcel to be used for the outdoor cultivation of cannabis, the indoor cultivation of cannabis not in compliance with Section 17.62.130(C), any commercial cultivation of cannabis as defined in Section 17.62.130, and any medical cannabis facility as defined in Section 17.62.130. Violations of this provision shall be considered a public nuisance, and may be enforced according to the procedures set forth in this chapter and Chapter 1.10, and by the enforcement remedies conferred upon the city by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, or any other lawful authority, civil, administrative or criminal. Nothing in this provision is intended to impair any viable legal defense to state charges to a person using or in possession of medical cannabis pursuant to the Compassionate Use Act (California Health and Safety Code Section 11362.5 et seq.).
P. The use of property to use, possess, discharge, offer for sale, store, or manufacture fireworks as prohibited in Chapter 8.42, Fireworks. (Ord. 2021-003 § 2, 2021; Ord. 2020-002 § 31, 2020; Ord. 2017-005 § 7, 2017; Ord. 2014-008 § 2, 2014; Ord. 2009-001, § 2, 4-20-09; Ord. 02-006 § 2, 2002; Ord. 96-006 § 1, 1996; Ord. 95-003 (part), 1995)
8.02.030 Nonexclusive procedure.
A. Any condition found to constitute a public nuisance may be abated pursuant to the procedures set forth in this chapter. The procedures set forth herein constitute an alternative procedure and shall not limit or restrict the city from the civil, criminal, or administrative enforcement of this or other city ordinances or regulations or abating public nuisances in any other manner provided by law.
B. Any person violating or causing the violation of this chapter shall be guilty of an infraction as provided for in San Pablo Municipal Code Section 1.08.010, in addition to any other remedies provided for in this chapter or under applicable law.
C. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with the provisions of this chapter, the court may order the owner to pay treble the costs of the abatement, as authorized by Government Code Section 38773.7. (Ord. 95-003 (part), 1995)
8.02.040 Summary abatement.
Notwithstanding any other provisions of this chapter to the contrary, whenever it is determined that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the code enforcement officer may institute the following procedures:
A. Notice. The code enforcement officer shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, he or she shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
B. Abatement. In the event the code enforcement officer is unable to make contact as hereinabove noted, or if the appropriate persons, after notification by the code enforcement officer, do not take action as specified by such official, within seventy-two hours, or a lesser period if deemed necessary, then the code enforcement officer may, with the approval of the city manager, take all steps deemed necessary to remove or isolate such dangerous condition, or conditions, with the use of city forces or a contractor retained pursuant to the provisions of this code.
C. Costs. The code enforcement officer shall keep an itemized account of the costs incurred by the city in removing or isolating such condition or conditions. Such costs may be recovered to the same extent and in the same manner that abatement costs are recovered pursuant to this chapter. (Ord. 95-003 (part), 1995)
8.02.050 Notice to abate.
A. Whenever it is determined that any property within the city is being maintained contrary to one or more of the provisions of this chapter, thirty days’ written notice to abate such condition shall be given to the owner of such property. A shorter period of time may be given if deemed necessary to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure. The notice to abate need take no particular form so long as it adequately advises the recipient that violations have been noted on the property which he or she is responsible for abating.
B. Service shall be deemed complete at the time notice is personally served or deposited in the mail. All notices or orders shall be mailed by first class mail, postage prepaid, to the property address and to the owner and other responsible persons at the address as it appears on the last equalized assessment roll of the county. The address of owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Failure of any person to receive notice shall not affect the validity of any proceedings taken hereunder.
C. Upon receipt of a written request from any person required to comply with the order, and for good cause shown, the code enforcement officer may grant extensions of time within which to complete the abatement, if the code enforcement officer determines that such time extensions will not create or perpetuate a situation imminently dangerous to life or property. The code enforcement officer shall have the authority to place reasonable restrictions on any such extensions. (Ord. 05-010 § 1, 2005; Ord. 95-003 (part), 1995)
8.02.060 Tenant notification.
Tenants in a residential building shall be provided notice of any notice served under this chapter, concerning any violation which affects the health and safety of the occupants and which violates Section 1941.1 of the Civil Code, an order of the code enforcement agency issued after inspection of the premises declaring the dwelling to be substandard, the enforcement agency’s decision to repair or demolish, or the issuance of a building or demolition permit following the abatement order of the enforcement agency. The notice may be provided either by first class mail to each affected residential unit, or by posting a copy of the notice in a prominent place on the affected residential unit at the discretion of the enforcement agency. (Ord. 95-003 (part), 1995)
8.02.070 Notice of hearing on abatement of nuisance.
A. In the event the owner fails, neglects, or refuses to comply with the notice to abate, the code enforcement officer may direct such person to abate such conditions or appear before a hearing officer, at a stated time and place, not less than seven days from the date of the notice, to show cause why such conditions should not be abated by the city at such person’s expense. The hearing may be continued for good cause. Written notice of such continuance shall be served in the same manner as the notice of hearing on abatement of nuisance.
B. Form of Notice. Notice shall be in substantially the following form:
NOTICE OF HEARING ON ABATEMENT OF NUISANCE
Hearing Date: ________, ________ p.m.
An initial determination has been made under Chapter 8.02 of the San Pablo Municipal Code, that there exists upon the building, structure, lot or premises located at ________, condition(s) constituting a public nuisance(s) under Section 8.02.020, Subdivision(s) ________ of the Code.
The conditions constituting the nuisance are: ____________________________.
The methods of abatement available are: ____________________________.
You are hereby notified and directed to abate these 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 notice, or, alternatively, to appear at the office of the Hearing Officer located at City Hall, 1000 Gateway Avenue, San Pablo, California, on ________, ________, at ________ o’clock __.m., to show cause, if any you have, why these condition(s) should not be abated by the City and the expenses charged to you as a personal debt and/or made a special assessment and lien upon the premises. In addition, you may be cited for violation of the San Pablo Municipal Code and subject to a fine. All persons having an interest in said matters are notified to attend the hearing, and their testimony and evidence will be given due consideration. Please be advised that once vehicles or other property are abated by the City, they may be destroyed or otherwise disposed of as provided by law.
If you do not attend the hearing or make arrangements for another date, you will have waived your right to a hearing regarding the existence of the nuisance, and the City may abate the nuisance and the expenses thereof will be made a special assessment and lien upon the property.
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.
Dated: _____________________
____________________________________
Code Enforcement Officer
C. Notice of the hearing shall be served in person or by first class mail, postage prepaid, to the property address and to the owner and other responsible persons to be charged with the duty of abatement at their address as it appears on the last equalized assessment roll of the county. Service shall be deemed complete at the time notice is personally served or deposited in the mail. The address of owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Failure of any person to receive notice shall not affect the validity of any proceedings taken hereunder.
D. Posting. The code enforcement officer shall post at least one copy of the notice on the premises in the vicinity of the object or objects constituting the nuisance or in the vicinity of the entrance to any dwelling or other structure on the premises. Said notice shall be posted within one day of service of the notice pursuant to subsection C of this section.
E. Filing. The code enforcement officer shall file a copy of the notice with the hearing officer together with an affidavit or declaration under penalty of perjury stating the time and manner in which such notice was given and posted. The failure of any owner or other responsible person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. (Ord. 2020-004 § 6, 2020; Ord. 95-003, Enacted, 04/17/95)
8.02.080 Hearing officer.
The hearing to determine whether a nuisance exists shall be conducted by the city manager or designee, who shall act as the hearing officer. The hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(e). The employment or contract, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the decisions of the hearing officer. (Ord. 2015-007 § 1: Ord. 95-003, Enacted, 04/17/95)
8.02.090 Conduct of hearing.
If required by the Uniform Housing Code or Uniform Construction Codes adopted pursuant to Chapter 15.04, the hearing shall be conducted in substantial compliance with requirements contained in Chapter 13, or the successor provisions to that chapter, of the most recent edition of the Uniform Housing Code. All other hearings conducted under this chapter shall allow the code enforcement officer and the party appealing to be given the opportunity to testify and to present evidence concerning the property, but the hearing shall be conducted informally and the legal rules of evidence need not be followed. (Ord. 2015-007 § 2: Ord. 95-003, Enacted, 04/17/95)
8.02.100 Waiver of abatement hearing.
Failure of the owner or responsible party to appear at the hearing 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 charged. In the event of such failure to appear, the hearing officer may order that the nuisance conditions be abated by the city. Notwithstanding anything in this chapter to the contrary, there shall be no right to appeal such order. (Ord. 95-003, Enacted, 04/17/95)
8.02.110 Order of abatement.
Upon the conclusion of the hearing, 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 a 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 abatement, which shall direct and order the nuisance abated within the time and in the manner set forth in the order. The order shall be served in the manner set forth in Section 8.02.070(C). The decision of the hearing officer shall be final and conclusive. The decision shall include notification that, pursuant to Section 8.02.140, any action to review said decision shall be commenced not later than the thirtieth day after the date the order is issued. (Ord. 2022-001 § 2, 2022; Ord. 95-003, Enacted, 04/17/95)
8.02.120 [Reserved].
8.02.130 [Reserved].
8.02.140 Limitation of Filing Judicial Action.
Any action appealing the hearing officer’s decision and order, or the city council’s decision confirming the costs of abatement pursuant to Section 8.02.160, shall be commenced within thirty calendar days of the date of service of such decision. Otherwise all objections to such decisions shall be deemed waived. (Ord. 2022-001 § 4, 2022; Ord. No. 95-003, Enacted, 04/17/95)
8.02.150 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 contract; entry upon the premises to which such order 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 and be granted a court warrant if cause exists, pursuant to Code of Civil Procedure § 1822.52 or any other authority. (Ord. No. 95-003, Enacted, 04/17/95)
8.02.160 Lien procedure.
A. Record of Cost of Abatement. The code enforcement officer or authorized representative shall keep an itemized account of the costs incurred by the city in the abatement of any public nuisance under this chapter. The property owner may be invoiced for such costs. If payment is not received within fifteen days of the invoice date, the code enforcement officer shall render an itemized report in writing to the city clerk showing the cost of abatement. Any such report may include the abatement costs for any number of properties and abatements, whether or not such properties are contiguous.
B. Notice of Hearing. The abatement cost report shall be considered by the city council at a regular or special meeting. Pursuant to California Government Code Section 38773.5, a notice of the hearing shall be mailed to the property owner in the manner set forth in Section 8.02.070(C) and by certified mail not less than ten days prior to the hearing. The notice shall contain:
1. The time and place that the council will hear and pass upon the report;
2. A copy of the report;
3. A description of the property sufficient to enable the persons served to identify it;
4. A statement that the council will hear any objections or protests which may be raised by any person liable to be assessed for the abatement costs; and
5. A statement that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
Proof of service of such notice shall be filed with the city council.
C. Hearing and Proceedings. At the time and place fixed for receiving and considering said report, the city council shall hear and pass upon the evidence, consisting of the report of such cost of abatement, together with any objections or protests. The city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted, or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.
D. Assessment Lien. The total cost for abating such nuisance, as so confirmed by the city council, shall constitute a personal debt and a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
E. Transmission to the Tax Collector. After confirmation of the report, a copy thereof shall be transmitted to the Contra Costa tax collector, whereupon it shall be the duty of the tax collector to add the amount of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.
F. Notice of Special Assessment and Lien. The notice of special assessment and lien for recordation shall be in a form substantially as follows:
NOTICE OF SPECIAL ASSESSMENT AND LIEN
(Claim of City of San Pablo)
Pursuant to the authority vested by the provisions of Chapter 8.02 of the San Pablo Municipal Code, the Code Enforcement Officer of the City of San Pablo did on or about the _____ day of __________, 20___, cause the abatement of a public nuisance on the real property described below; and the City Council of the City of San Pablo did on the ____ day of __________, 20__, assess the cost of such abatement upon the real property hereinafter described; and these costs have not been paid nor any part thereof; and that said City of San Pablo does hereby claim a special assessment and lien for such abatement in the amount of said assessment, the sum of $________; and the same shall be a special assessment and lien upon said real property until it has been paid in full and discharged of record.
The real property upon which a lien is claimed, is that certain parcel of land lying and being in the City of San Pablo, County of Contra Costa, State of California, and particularly described as follows:
(description including the Assessor’s Parcel Number)
Dated this _____day of __________, 20__.
___________________________________
City Clerk
City of San Pablo
(Ord. 2022-001 § 5, 2022; Ord. No. 95-003, Enacted, 04/17/95)
8.02.170 No Duty On City to Enforce.
Nothing in this chapter shall be construed as requiring the City to enforce the prohibitions in this chapter against any or all properties which may violate the ordinance. The City envisions that this ordinance may 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 provision from any other City law shall be construed to impose a duty on the City to enforce such other provision of law. (Ord. No. 95-003, Enacted, 04/17/95)