Chapter 6.06
NEIGHBORHOOD PRESERVATION
Sections:
6.06.030 Unlawful property nuisances.
6.06.040 Declaration of public nuisance.
6.06.050 Notification of nuisance.
6.06.060 Administrative hearing to abate nuisance.
6.06.080 Administrative hearing by city manager.
6.06.090 Procedure – No appeal.
6.06.100 Appeal procedure – Hearing by city council.
6.06.110 Decision by city council.
6.06.120 Service of order to abate.
6.06.130 Hearing procedure before city council.
6.06.150 Limitation of filing judicial action.
6.06.170 Notice of intent to demolish.
6.06.180 Record of cost of abatement.
6.06.200 Alternative actions available.
6.06.210 Violation and penalties.
6.06.010 Purpose.
This chapter is enacted to establish minimum standards for property maintenance and to provide additional or alternate remedies and procedures for the abatement of certain defined nuisances to provisions of Chapter 6.04 SBMC or other enforcement provisions of this code. (Ord. 148 § 1, 1992)
6.06.020 Definitions.
For the purposes this chapter only, the words or phrases set out in this section shall have the meanings set forth in this section unless, from the context in which the word or phrase is used, it is apparent that a different meaning is clearly evident:
A. “Building” means any house, garage, duplex, apartment, condominium, stock cooperative or any other residential and nonresidential structures.
B. “City” means the city of Solana Beach.
C. “City manager” means the city manager or any other city employee or agent to whom the city manager has delegated authority under this chapter.
D. “Front yard” means any area of a lot extending across the full width of a lot and extending from the front lot line to the front foundation line, and its prolongations, of the main building. If the lot is vacant, the front yard depth shall be 50 feet. If with respect to any specific lot the definition contained in this paragraph is inconsistent with the definition of front yard contained in SBMC Title 17, then the definition contained in SBMC Title 17 shall prevail.
E. “Junk” means any combustible or noncombustible nonputrescible waste, including, but not limited to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees (except when used for mulch or similar agricultural purposes); piles of earth (not intended for immediate landscaping use); lumber, metal, plumbing fixtures, bricks, building stones, asphalt, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures not being kept in conjunction with actual lawful construction activities on the site; tires or inner tubes, auto, aircraft, or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective recreational equipment or household appliances or furnishings, whether or not repairable.
F. “Owner” includes any part owner, joint owner, tenant in common, tenant by the entirety, of the whole or part of such building or land as shown on the current county tax assessment roll for the city or the lessee, tenant or other person having control or possession of the property.
G. “Person” means any individual, partnership, corporation, association, company or other organization of any kind, however formed.
H. “Property” means all real property, including, but not limited to, front yards, side yards, driveways, walkways and sidewalks and shall include any building located on such property.
I. “Rear yard” means a yard extending across the full width of a lot and extending from the rear lot line to the back foundation line, and its prolongations, of the main building. (Ord. 148 § 1, 1992)
6.06.030 Unlawful property nuisances.
A. Junk. It is unlawful for any owner or person leasing, occupying or having charge or possession of any property in the city to store, keep or accumulate junk or to permit junk to be stored, kept or accumulated except in accordance with the following regulations:
1. Junk shall not be kept, stored or accumulated in a front yard or in the side yard of a corner lot which is adjacent to the street. Junk may be kept, stored or accumulated only in a side yard or rear yard in accordance with subsections 2, 3 and 4 below.
2. Junk shall not be kept, stored or accumulated so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or similar pests.
3. Junk shall be stored, kept or accumulated in metal or opaque containers, or shall kept in an area enclosed by a lawfully constructed opaque fence or wall, or shall be completely covered with canvas, a tarpaulin, opaque plastic or some like material. The height of the stored, kept or accumulated junk shall not exceed five feet. Stored, kept or accumulated junk shall not occupy more than 25 percent of the side and rear yard area.
4. Junk shall not be kept, stored or accumulated so as to constitute a danger or potential danger of fire or other condition dangerous to the public health or safety as determined by the fire marshal or health officer.
5. Nothing in this section shall be construed to make unlawful the storage or accumulation of waste or recyclables in compliance with Chapter 6.20 SBMC.
B. Attractive Nuisances. It shall be unlawful to maintain or permit the maintenance of an attractive nuisance dangerous to children including but not limited to abandoned, broken or neglected equipment and machinery or unfenced pools, ponds and excavations.
C. Inoperative Vehicle Storage. It shall be unlawful to keep or store one or more wrecked, dismantled or inoperative vehicles or parts thereof except in accordance with the following regulations or otherwise as permitted by this code:
1. Such storage shall not be permitted in a front or side yard.
2. Such storage shall be completely enclosed within a lawful garage or other building in a lawful manner where it is not visible from the street or other public or private property.
3. Unless the storage is within a building such storage shall be permitted only in a rear yard which is surrounded by a lawfully constructed opaque six-foot fence.
D. Vegetation. It shall be unlawful for any owner or person leasing, occupying or having charge or possession of any property in the city to allow or permit vegetation, including weeds, dry grasses, dead shrubs, dead or dying trees, rubbish, or any material growing upon the streets, sidewalks, or upon private property, which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth, and location will in reasonable probability constitute such a fire hazard, when dry, to any building, improvements, crops or other property. Cultivated and useful grasses and pasture will not be declared a public nuisance. However, if the city manager or his or her authorized representative determines it necessary to protect adjacent improved property from fire exposure, vegetative management shall be required. (Ord. 423 § 1, 2011; Ord. 148 § 1, 1992)
6.06.040 Declaration of public nuisance.
Any property found to be maintained in violation of SBMC 6.06.030 is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth in this chapter. The abatement procedures set forth in this chapter are alternate, additional or cumulative to any other remedy or penalty established for the abatement of nuisances. (Ord. 148 § 1, 1992)
6.06.050 Notification of nuisance.
Whenever the city manager determines that any property within the city is being maintained contrary to one or more of the provisions of SBMC 6.06.030, the city manager shall give written notice (“Notice to Abate”) to the owner of said property stating the violation and the grounds therefor. Such notice shall set forth a reasonable time limit, in no event less than seven calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the nuisance. Such notice shall be served upon the owner in accordance with provisions of SBMC 6.06.070 covering service in person or by mail. (Ord. 148 § 1, 1992)
6.06.060 Administrative hearing to abate nuisance.
In the event the owner fails, neglects or refuses to comply with the “Notice to Abate,” the city manager shall commence abatement proceedings by giving notice of an administrative hearing. (Ord. 148 § 1, 1992)
6.06.070 Notice of hearing.
Notice of the administrative hearing shall be served upon the owner not less than 10 calendar days before the time fixed for hearing. Notice of hearing shall be served in person, by first class mail, or by certified mail to the owner’s address as shown on the last equalized tax assessment roll. Service shall be deemed complete at the time notice is personally served or deposited in the mail, but the date of the hearing shall be not less than 15 calendar days from the date of deposit if the place of address is within the state of California, 20 calendar days from the date of deposit if the place is outside the state of California. Where the owner is not the person in possession, notice shall be given to the person in possession and to the owner. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder, however, the hearing may be set based upon the date of service on either the person in possession or the owner, whichever is earlier. Notice shall be substantially in the format set forth:
NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE
This is a notice of hearing before the City Manager (or his designees) to ascertain whether certain property situated in the City of Solana Beach, State of California, known and designated as (street address) ________________, in said City, and more particularly described as (assessor’s parcel number) ______ constitutes as public nuisance subject to abatement. If said property, in whole or part, is found to constitute a public nuisance as defined in the Code, and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such abatement will be assessed upon such property, and such costs together with interest thereon will constitute a lien upon such property until paid. In addition, you may be cited for violation of the provisions of the Municipal Code and subject to a fine.
Said alleged conditions consist of the following: ____________________________________ ____________________________________ ____________________________________ ____________________________________.
The method(s) of abatement are: ___________ ____________________________________ ____________________________________ ____________________________________.
All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.
Dated this ___ day of _______, 20___.
_____________________
CITY MANAGER
Time and Date of Hearing: ________________ ______________________________
Location of Hearing: ____________________ ______________________________
(Ord. 148 § 1, 1992)
6.06.080 Administrative hearing by city manager.
A. At the time stated in the notice, the city manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. The hearing may be continued from time to time.
B. If the city manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the city manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in SBMC 6.06.100. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of SBMC 6.06.070. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. (Ord. 148 § 1, 1992)
6.06.090 Procedure – No appeal.
In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the findings and order. In the event the owner fails to abate the nuisance as ordered, the city manager shall cause the same to be abated by city employees or private contract. The costs shall be billed to the owner, as specified in SBMC 6.06.140. The city manager is expressly authorized to seek and obtain a seizure warrant prior to entry upon said property for the purpose of abating the nuisance. (Ord. 148 § 1, 1992)
6.06.100 Appeal procedure – Hearing by city council.
A. The owner may appeal the city manager’s findings and order to the city council by filing an appeal with the city clerk within seven calendar days of the date of service of the city manager’s decision. The appeal shall contain:
1. A specific identification of the subject property;
2. The names and addresses of all appellants;
3. A statement of appellant’s legal interest in the subject property;
4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;
5. The date and signature of all appellants; and
6. The verification of at least one appellant as to the truth of the matters stated in the appeal.
B. As soon as practicable after receiving the appeal, the city clerk shall set a date for the council to hear the appeal, which date shall be not less than 10 calendar days nor more than 30 calendar days from the date the appeal was filed. The city clerk shall give each appellant written notice of the time and the place of the hearing at least 10 calendar days prior to the date of the hearing if a copy of such notice is delivered to the appellant personally or 15 calendar days prior to the date of the hearing if a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal is deposited in the mail. Continuance 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. (Ord. 148 § 1, 1992)
6.06.110 Decision by city council.
Upon the conclusion of the hearing, the council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the council so finds, the council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than 30 days. It shall also give notice as to the time limitation of filing judicial action as specified in SBMC 6.06.150. The decision and order of the council shall be final. (Ord. 148 § 1, 1992)
6.06.120 Service of order to abate.
A copy of the resolution of the council ordering the abatement of the nuisance shall be served upon the owner(s) of said property in accordance with the provisions of SBMC 6.06.070. Upon abatement in full by the owner, the proceedings hereunder shall terminate. (Ord. 148 § 1, 1992)
6.06.130 Hearing procedure before city council.
The city council hearing shall be conducted according to the procedures established in Chapter 2.32 SBMC. (Ord. 148 § 1, 1992)
6.06.140 Abatement by city.
A. If such nuisance is not abated as ordered within the abatement period, the city manager shall cause the same to be abated by city employees or private contract. The city manager is expressly authorized to enter upon the property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including 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 inspection of the work; and the costs of printing and mailing required hereunder.
B. A person shall not obstruct, impede or interfere with the city manager, or his representative, or with any person who owns or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental, in carrying out an abatement order issued pursuant to SBMC 6.06.080 and 6.06.110. (Ord. 148 § 1, 1992)
6.06.150 Limitation of filing judicial action.
Any action appealing the council’s decision and order shall be commenced within 30 calendar days of the date of service of the decision. (Ord. 148 § 1, 1992)
6.06.160 Demolition.
No property shall be found to be a public nuisance under SBMC 6.06.040 and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and justice there is no feasible method other than demolition to reasonably correct such nuisance. “Feasible” is defined as capable of being acceptable in a reasonable time at a reasonable expense. (Ord. 148 § 1, 1992)
6.06.170 Notice of intent to demolish.
A copy of any order or resolution requiring abatement by demolition under SBMC 6.06.080 or 6.06.120 shall be forthwith recorded with the San Diego County recorder. (Ord. 148 § 1, 1992)
6.06.180 Record of cost of abatement.
The city manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition or repair of the property, including any salvage value relating thereto; provided, that before the report is submitted to the city council, a copy of the same shall be posted for at least five days upon or in front of such property, together with a notice of the time when the report shall be heard by the city council for confirmation. A copy of the report and notice shall be served upon the owners of said property in accordance with the provisions of SBMC 6.06.070 at least five calendar days prior to submitting the same to the city council. Proof of said posting and service shall be made by affidavit filed with the city clerk. (Ord. 148 § 1, 1992)
6.06.190 Assessment lien.
A. The total cost for abating such nuisance, as so confirmed by the city council, shall constitute 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 the property for the amount of such assessment. After such confirmation and recordation, a certified copy of the council’s decision shall be filed with the San Diego County auditor-controller on or before August 1st of each year, whereupon it shall be the duty of the auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes and thereafter said 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 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 such special assessment.
B. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
C. Such notice of lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN
(Claim of City of Solana Beach)
Pursuant to the authority vested by the provisions of Section ________ of the Solana Beach Municipal Code, the City Manager of the City of Solana Beach did on or about the ___ day of ___________, 19___, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Solana Beach did on the ____ day of __________, 19___, assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Solana Beach does hereby claim a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $____ and the same shall be a lien upon said 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 Solana Beach, County of San Diego, State of California, and particularly described as follows: (description)
Dated this ___ day of _______, 19___.
__________________
CITY MANAGER
(Ord. 148 § 1, 1992)
6.06.200 Alternative actions available.
Nothing in this chapter shall be deemed to prevent the council from ordering the commencement of civil proceedings to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. (Ord. 148 § 1, 1992)
6.06.210 Violation and penalties.
Refer to SBMC 1.16.010. (Ord. 148 § 1, 1992)
6.06.220 Enforcement.
Refer to SBMC 1.16.020. (Ord. 148 § 1, 1992)
6.06.230 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The city council declares that is would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions have been declared invalid or unconstitutional. (Ord. 148 § 1, 1992)