Chapter 17.36 PROPERTY MAINTENANCE

A. Public nuisances and violations. Define as public nuisances and violations of the Municipal Code and this Zoning Ordinance those conditions which constitute visual blight and which could result in conditions which are harmful or deleterious to the public health, safety, and general welfare.

B. Promote sound property maintenance. Develop regulations that will promote the sound maintenance of property and the enhancement of the community appearance, livability, and the social, economic, and environmental conditions of the community.

C. Establish guidelines for correction. Establish guidelines for the correction of property maintenance violations and nuisances that provide due process and procedural guarantees to affected property owners.

17.36.030 Property Maintenance – Prohibited Conditions

It is unlawful for any person owning, leasing, occupying, or having charge or possession of any property in the City to maintain the property in a manner that any of the following conditions are found to exist, except as may be allowed by the Municipal Code or this Zoning Ordinance:

A. Deterioration or disrepair. Building exteriors, driveways, fences, parking areas, sidewalks, walkways, and walls which are maintained in a condition that becomes so defective, unsightly, or in a condition of deterioration or disrepair that the condition causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements;

B. Accumulation or storage of junk. The accumulation or storage of junk, including cabinets or other household fixtures, debris, equipment or parts thereof, furniture, garbage, household appliances or parts thereof, inoperable vehicles, or parts thereof, lumber, rubbish, salvage materials, sinks, tires, or toilets, which constitute a fire hazard and/or are stored or accumulated in a manner which is visible from a public street, alley, or adjoining property;

C. Parking of heavy equipment without a permit. Heavy commercial vehicles, construction equipment, or machinery of any type or description parked or stored without a permit on property where it is readily visible to the general public, except while construction, demolition, or excavation operations covered by an active Building Permit are in progress on the subject property or on adjoining property;

D. Attractive nuisances. Attractive nuisances dangerous to children including abandoned, broken, or neglected equipment and machinery, hazardous pools, ponds, and excavations;

E. Improper sign maintenance. Improper maintenance of signs on property relating to uses no longer conducted or products no longer sold on the property;

F. Oil accumulation. Any property maintained in a manner which results in substantial pooled-oil accumulation, oil flowing onto public rights-of-way, or excessive accumulations of grease or oil on paved surfaces, fences, structures, or walls;

G. Excessive dust and debris. Any setback areas which lack appropriate lawn or plant material so as to cause excessive dust, the accumulation of debris, or depreciated values of adjacent properties and neighborhood;

H. Impacts on livability, enjoyment, use, and property values. Maintenance or use of premises which, by reason of dust, noise, odor, vibrations, or other effects caused by the use of the premises, diminish the livability, enjoyment, use, and property values of neighboring properties;

I. Commercial fishing nets. Repairing and drying of commercial fishing nets and other related materials in residential areas;

J. Maintenance out of harmony with adjacent properties. Maintenance of property so out of harmony or conformity with the maintenance standard of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of the adjacent properties;

K. Detrimental to public health, safety, or general welfare. Maintenance of property in a condition as to be detrimental to the public health, safety, or general welfare, or in a manner which constitutes a public nuisance as defined by Civil Code Section 3480;

L. Visual blight. Any condition existing on property which in the opinion of the City’s Property Maintenance Officer constitutes visual blight;

M. Graffiti. Causing, maintaining, or allowing graffiti to remain on exterior walls or facades of fences, walls, or other structures of any nature;

N. Maintenance of sidewalks and surrounding areas. The failure or neglect of merchants owning or occupying places of business within the City to maintain the sidewalks and surrounding areas free of litter and debris.

17.36.040 Declaration of Public Nuisance

A. Declaration of public nuisance. All property found to be in violation of Section 17.36.030 (Property Maintenance – Prohibited Conditions), is declared to be a public nuisance and shall be abated by demolition, rehabilitation, or repair in compliance with the procedures identified in this chapter.

B. Procedures not exclusive. The procedures for abatement identified 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.

17.36.050 Owner Defined

The term “owner” and “property owner,” as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person leasing, occupying, owning, or having charge or possession of any property in the City.

17.36.060 Notification of Nuisance by Property Maintenance Officer

A. Written notice to property owner. Whenever the Property Maintenance Officer, or another City official as may be designated by the City Manager, determines that any property within the City is being maintained contrary to one or more of the provisions of Section 17.36.030 (Property Maintenance – Prohibited Conditions), the official shall give 10 days’ written notice to the owner of the property stating the sections being violated.

B. The notice. The notice shall:

1. Identify a 10-day time period for correcting the violation(s) and may also identify reasonable methods of correcting the same; and

2. Be served upon the owner in compliance with provisions of Section 17.36.090 (Service of Notice) covering service in person or by mail.

17.36.070 Referral to City Attorney

In the event an owner shall fail, neglect, or refuse to comply with the notice to correct a violation, the Property Maintenance Officer may refer the violation to the City Attorney for legal action, including the institution of a civil or criminal proceeding to achieve compliance.

17.36.080 Referral to Neighborhood Improvement Program Commission

A. Utilization of administrative hearing process. In the event an owner shall fail, neglect, or refuse to comply with the notice to correct a violation, the Property Maintenance Officer may seek compliance through an administrative process, in addition to or as an alternative to any other remedy allowed by law.

B. Neighborhood Improvement Program Commission. The Neighborhood Improvement Program Commission shall be the body designated to conduct an administrative hearing to determine whether the violation constitutes a public nuisance, the abatement of which is appropriate under the police powers of the City.

C. Serving of notice. Notice of the administrative hearing shall be served upon the owner in compliance with the provisions of Section 17.36.090 (Service of Notice), and shall be served upon the property owner not less than 14 days before the time set for the hearing.

17.36.090 Service of Notice

A. Delivery of notice. Notice shall be given by delivering a written notice personally to the owner(s) of the property upon which the nuisance is located, or by depositing the notice in the United States mail, postage prepaid, and addressed to the owner(s) at the last known address as the same appears on the last equalized assessment roll of the county.

B. May be addressed to “occupant.” In the event a notice to remove is also given to the person(s) in possession or control of the property, the notice shall be given in either manner specified in this section and may be addressed “to occupant” or “to whom it may concern,” if the name of the person(s) is not known.

C. Affidavit or certificate of delivery required. The person giving the notice shall file a copy of the notice in the office of the Property Maintenance Officer, together with an affidavit or certificate stating the time and manner in which the notice was given.

D. Failure to receive notice. The failure of any owner or other person to receive the notice shall not affect in any manner the validity of any proceedings taken under this chapter.

17.36.100 Form of Notice

Notice of the administrative hearing before the Neighborhood Improvement Program Commission shall be substantially in the format identified below:

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the Neighborhood Improvement Program Commission to determine whether certain property situated in the City of Seaside, State of California, known and designated as __________, in the City, and more particularly described as constitutes a public nuisance subject to abatement by the rehabilitation of the property or by the repair or demolition of the structures situated on the property. If the property, in whole or part, is found to constitute a public nuisance as defined in this section and if the same is not properly abated by the owner, the nuisances may be abated by municipal authorities, in which the cost of the rehabilitation, repair, or demolition will be assessed upon the property and the costs will constitute a lien upon the property until paid.

The alleged conditions constituting a public nuisance consist of the following:

The methods of abatement available are:

All persons having an interest in the matters may attend the administrative hearing when their testimony and evidence will be heard and given due consideration.

Dated this _________ day of __________, 20___.

Property Maintenance Officer

17.36.110 Hearing by the Neighborhood Improvement Program Commission

A. Conduct of hearing. At the time stated in the notice, the Neighborhood Improvement Program Commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel, and interested persons relative to the alleged public nuisance and to proposed rehabilitation, repair, or demolition of the property.

B. Hearing may be continued. The hearing may be continued from time to time.

C. Report of findings and recommendations. If the Neighborhood Improvement Program Commission finds that the public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the same, it shall prepare a report of the findings and recommendations with respect to the abatement.

D. Copy of report to be served on all the property owners. A copy of the report shall be served on all the owners of the subject property in compliance with the provisions of Section 17.36.090 (Service of Notice).

17.36.120 Procedure – No Appeal

In the absence of any appeal, the Neighborhood Improvement Program Commission may without further hearing declare the property to be a public nuisance and order the abatement of the same within a reasonable time, by having the property or structures rehabilitated, repaired, or demolished in the manner and means specifically identified in the report.

17.36.130 Appeal Procedure – Action by Council – Appeal on Nuisance Hearing

A. Who may appeal. Any person entitled to service under this section may appeal from the decision of the Neighborhood Improvement Program Commission by filing at the office of the City Clerk within seven days from the date of service of the decision, a written, dated appeal containing:

1. A specific identification of the property which is the subject of the nuisance abatement proceeding;

2. A caption reading: “Appeal of,” giving the names of all appellants participating in the appeal;

3. A brief statement identifying the legal interest of each of the appellants in the structure or the land involved in the notice and order;

4. A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant;

5. The signatures of all parties named as appellants, and their official mailing addresses; and

6. The verification of at least one appellant as to the truth of the matters stated in the appeal.

B. Date for hearing. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the Council, which date shall be not less than seven days nor more than 30 days from the date the appeal was filed.

C. Delivery of notice. Written notice of the time and the place of the hearing shall be given at least five days before the date of the hearing to each appellant by the City Clerk, either by causing a copy of the notice to be delivered to appellant personally or by mailing a copy thereof, postage prepaid, addressed, to the appellant at the address shown on the appeal.

D. Hearing may be continued. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown or on the Council’s own motion.

E. Council’s action. Upon the conclusion of the hearing on the appeal, the Council shall by resolution either:

1. Terminate the proceeding;

2. Confirm the action and decision of the Neighborhood Improvement Program Commission; or

3. Modify the decision based upon evidence adduced at the hearing.

F. Declaration of public nuisance and order abatement. In the cases of alternatives Subsections E.2 or E.3 of this section, the resolution shall declare the property to be a public nuisance and order the abatement of the same within a reasonable time by having the property or structures rehabilitated, repaired, or demolished in the manner and means specifically identified in the resolution.

17.36.140 Service of Order to Abate

A. Service of order of abatement. A copy of the resolution of the Council ordering the abatement of the nuisance shall be served upon the owners of the property in compliance with the provisions of Section 17.36.090 (Service of Notice), and shall contain a detailed list of needed corrections and abatement methods.

B. Right to rehabilitate or demolish property. Any property owners shall have the right to have any of the property rehabilitated or to have the structures demolished or repaired in compliance with the resolution and at their own expense provided the same is commenced before the expiration of the 30-day abatement period and thereafter diligently and continuously prosecuted to completion.

C. Termination of proceedings. Upon the abatement in full by the owner, the proceedings conducted in compliance with this chapter shall terminate.

17.36.145 Removal of Graffiti

A. Consents to remove graffiti. Whenever graffiti is found to exist in violation of Subsection 17.36.030.M (Graffiti), if the property owner or person in control consents to the removal of the graffiti by the City, the City or its contractor may enter upon the property and remove the graffiti.

B. Refuses to remove graffiti. If a condition exists and the owner or person in control refuses to consent to the removal of the graffiti by the City, the Enforcement Officer may issue an order by certified mail, return receipt requested, to the owner, as shown on the first equalized assessment roll, to abate this condition. A copy of the order shall also be posted on the subject property.

C. Fifteen days to remove graffiti. The order shall give a maximum of 15 days from the date the notice was mailed to perform the work.

D. Content of notice to remove graffiti. The notice shall further state that if the nuisance is not abated by the date specified in the order:

1. The City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the nuisance;

2. That upon completion of the work the cost thereof, including administrative costs, may become a special assessment against that parcel; and

3. That upon confirmation of the assessment and recordation of that order, as provided by Section 17.36.170 (Assessment Lien), a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. (Ord. 1070 § 2, 2019)

17.36.150 City Abatement

If the nuisance is not completely abated as directed by the City within the abatement period, then the City Manager or the duly authorized representative of the City Manager may cause the same to be abated by City forces or private contract and the City Manager or the duly authorized representative of the City Manager is expressly authorized to enter upon the property for those purposes.

17.36.160 Cost Accounting – Notification

A. City Manager to keep account of all costs. The City Manager shall keep an account of the cost (including incidental expenses) of abating the nuisance on each separate parcel of land where the work is done by the City and shall render an itemized report in writing to the Council by showing the cost of abatement and the rehabilitation, demolishing, or repairing of the property or structures, including any salvage value relating thereto; provided, that before the report is submitted to the Council, a copy of the report shall be posted for at least five days before submitting the same to the Council.

B. Affidavit of posting required. Proof of the posting and service shall be made by affidavit filed with the City Clerk.

C. Incidental expenses. The term “incidental expense” shall include the actual expenses and costs of the City in the preparation of notices, specifications, and contracts, and in inspecting the work, and the costs of printing and mailing required in compliance with this chapter.

17.36.170 Assessment Lien

A. Special assessment or lien. The total cost for abating the nuisance, as so confirmed by the Council, shall constitute a special assessment against the respective 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 the property for the amount of the assessment.

B. Duty of Tax Collector. After the confirmation and recordation, a copy may be turned over to the county tax collector, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the respective 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or after the recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

C. Form of notice. The notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of the City of Seaside)

In compliance with the authority vested by the provisions of Section 17.36.150 of the Seaside Municipal Code, the City Manager of the City of Seaside did on or about the _________ day of ___________ , 20____, cause the property hereinafter described to be rehabilitated or the structure on the property hereinafter described to be repaired or demolished in order to abate a public nuisance on the real property; and the City Council of the City of Seaside did on the ________ day of __________ , 20___, assess the cost of the rehabilitation, repair, or demolition in the amount of the assessment, to wit: the sum of $ _______ : and the same shall be a lien upon the real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed is that certain parcel of land lying and being in the City of Seaside, County of Monterey, State of California, and particularly described as follows:

(description)

Dated this _________ day of __________, 20___.

City Manager, City of Seaside

17.36.180 Summary Abatement of Immediate Dangers

Whenever any condition on or use of property causes or constitutes, or reasonably appears to cause or constitute, an imminent immediate danger to the health and safety of the public, or a significant portion thereof, the Enforcement Officer shall have the authority to summarily and without notice abate the condition. The expenses of the abatement shall become a lien on the property and be collectible as provided in this chapter. (Ord. 1070 § 2, 2019)

17.36.190 Alternative Actions Available

Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings identified in this chapter.

17.36.200 Duty of Owner to Abate Public Nuisance

Nothing contained in this chapter shall be deemed to impose any duty or liability upon the City, its officers, or employees for failure to abate a public nuisance, nor to relieve the owner of any private property of the duty to keep the property free from those conditions constituting a public nuisance or to abate the conditions upon notice by the City.

17.36.210 Violations

No person shall remove any notice or order posted as required in this chapter. No person shall obstruct, impede, or interfere with any representative of the City or with any person who owns or holds any estate or interest in the structure which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed or with any person to whom the structure has been lawfully sold in compliance with the provisions of the Municipal Code whenever any representative of the City, purchaser, or person having any interest or estate in the structure is engaged in vacating, repairing, rehabilitating, or demolishing and removing any structure in compliance with the provisions of this chapter or in performing any necessary act preliminary to or incidental to the work as authorized or directed in compliance with this chapter. (Ord. 1025 § 16, 2015)